RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-01661

XXXXXXXXXX	COUNSEL: NONE	

	HEARING: NO	

APPLICANT REQUESTS THAT:

His grade on the DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected from Airman Third Class (E-2) to Staff Sergeant (E-5).

APPLICANT CONTENDS THAT:

On his AF Form 1098, dated 25 June 1972, it reflects the grade of Staff Sergeant (E-5), but he was honorably discharged on 10 October 1972 and his DD 214 reflects the grade of Airman Third Class (E-2).  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant enlisted in the Air Force Reserve on 11 October 1966 as an airman basic (E-1).  The applicant performed a period of active duty time from 3 December 1966 to 4 June 1967 and was promoted to airman third class (E-2) on 13 January 1967, as documented on his DD Form 214.  On 10 October 1972, the applicant was honorably discharged from the Air Force Reserve in the grade of staff sergeant (E-5).  For more information, see the applicant’s complete submission, with attachments, at Exhibit A and the advisory, with attachment, at Exhibit B.

AIR FORCE EVALUATION:

ARPC/DPTS recommends denying the application.  Per AFM 35-5, Separation Documents, Section 3-3. Paragraph b, to receive a DD Form 214 a member must complete 90 consecutive or more active duty days.  The applicant has not provided orders showing an active duty status at the time of his discharge and therefore would not receive a DD Form 214 for that period.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice in the member’s record.  The complete advisory is at Exhibit B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 26 September 2018 for comment (Exhibit C), 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 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 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-2018-01661 in Executive Session on 7 November 2018:

, 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 April 2018.
Exhibit B:	Advisory opinion, ARPC/DPTS, w/atch, dated 22 May 2018.
Exhibit C:	Notification of Advisory, SAF/MRBC to applicant, dated 26 September 2018.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.