RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-05238

XXXXXXXXXXXXXX				COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect accurate service dates; and a copy of NGB Form 23, Retirement Credits Record.

APPLICANT CONTENDS THAT:

His identification card indicates he was active beyond the discharge date on his DD Form 214.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air National Guard sergeant.  

A request to the National Personnel Records Center (NPRC) for the applicant’s military records, revealed minimal documents (13 pages).

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 guidance, in order to receive a DD Form 214 a member must be separating from an active duty status and must complete 90 consecutive or more active duty days or any amount of time in an initial training status.  The applicant was issued a DD Form 214 for his service performed on initial active duty orders from 16 Sep 72 to 15 Jan 73.  The DD Form 214 is used to capture periods of active duty, not a comprehensive career.  There is no evidence to support the creation of a DD Form 214 for any other periods of active duty.  Regarding the request for an NGB Form 23, this is an obsolete document.  

While there is no evidence to support creation of another DD Form 214, based on documentation provided by the applicant it appears there was an injustice in capturing the applicant’s prior inactive service.  Recommend the applicant submit any additional evidence to the Total Force Service Center Buckley with any new or previously excluded records showing eligible time or records proving inaccuracies.

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 20 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-2017-05238 in Executive Session on 25 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 29 Nov 18.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, ARPC/DPTS, w/atch, dated 13 Aug 18.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 20 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-2017-05238.