RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-05076

XXXXXXXXXXXXX				COUNSEL: NONE

							HEARING: NOT INDICATED

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, reflect the correct amount of time served.

APPLICANT CONTENDS THAT:

He would like to receive benefits for his time served in the military.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Reserve senior airman.  

DD Form 4, Enlistment/Reenlistment Document, reflects the applicant enlisted in the Air Force Reserve on 26 Apr 02, for a period of 6-years.

The applicant’s Point Credit Summary reflects his final period of service was 26 Apr 04.

DD Form 214 reflects the applicant was released from active duty on 16 Jul 04, was credited with 1 year, 9 months, and 16 days of active service, and with a Reserve Obligation Termination Date of 25 Apr 10.

Reserve Order CA-010887, dated 26 Jul 11, was discharged from the Air Force Reserve effective 23 Jul 11.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPTS recommends denying the application.  

According to AFI 36-3202, Separation Documents, in order to receive a DD Form 214 a member must complete 90 consecutive active duty days or more, or 1 day or more if in support of a contingency operation.  The applicant served 66 days on active duty orders from 31 Jul 04 to 20 Aug 05; however, these days were not consecutive.  Based on the applicant’s points, the only qualifying period of time is included on the DD Form 214 of which the applicant is in receipt.  There is no evidence to reflect an error in his military record.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 15 Aug 18 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was not timely file.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTS and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:  

The applicant be informed that the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:  

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5., considered Docket Number BC-2017-05076 in Executive Session on 18 Sep 18:

	, Panel Chair
	, Panel Member
	, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:  Application, DD Form 149, w/atchs, dated 25 Sep 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, ARPC/DPTS, dated 12 Jun 18.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 15 Aug 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 regarding AFBCMR Docket Number BC-2017-05076.