RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-05227

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

He be issued a DD Form 214, Certificate of Release or Discharge from Active Duty, for service he completed in Operation Desert Shield/Storm.

APPLICANT CONTENDS THAT:

He was not given credit for time served, is not receiving benefits, and his retirement pay is not correct due to a missing DD Form 214.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force technical sergeant (E-6).  

On 1 Nov 91, per Headquarters Air Reserve Personnel Center (HQ ARPC), Reserve Order EK-5242, dated 29 Aug 91, the applicant was relieved from his current assignment in the rank of technical sergeant and transferred to the USAF Reserve Retired List, to await retired pay at age 60.  

On 25 Oct 08, per HQ ARPC, Reserve Order Number EL-0038, dated 2 Oct 08, the applicant was authorized retired pay per title 10, United States Code, Section 12731 and placed on the USAF Retired List, Retired Reserve Section ZB.  The applicant was credited with Service for Basic Pay of 37 years, 2 months and 18 days.

A review of the applicant’s Military Human Resources Record provided no evidence the applicant served on active duty orders during Operation Desert Storm.

In accordance with Air Force Instruction 36-2603, Air Force Board for Correction of Military Records, dated 18 Aug 17, the applicant has the burden of providing sufficient evidence of material error or injustice.  In this instance, the applicant has not provided evidence to support his claim that he is a victim of error or injustice.

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.  ARPC conducted a review of the member’s records and the source documents provided by the applicant and there is nothing to support his request for the completion of a DD Form 214. Per AFI 36-3202, paragraph 4.5, to receive a DD Form 214 a member must complete 90 consecutive or more active duty days or 1 day or more if in support of a contingency operation. The applicant served only 32 days on active duty orders from 4 October 1990 to 4 November 1990. However, there are no orders provided to show he was in the Area of Responsibility or in support of a Desert Storm. Therefore, he does not qualify for a DD Form 214 for this timeframe.  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 13 Aug 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

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 and 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 THAT:

The applicant be informed 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-2017-05227 in Executive Session on 2 Oct 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 29 Nov 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, dated 20 Dec 17.
Exhibit D:	Letter, AFBCMR to applicant, dated 13 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.