RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-01832

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

She be issued a DD Form 214, Certificate of Release or Discharge from Active Duty, for her medical retirement.

APPLICANT CONTENDS THAT:

She never received a final DD Form 214.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Reserve master sergeant, retired for disability on 01 Jul 15, with credit for 27 years and 16 days of service for basic pay.  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, indicating the applicant was not on active duty on the effective date of retirement.  According to the AFI 36-3202, Separation Documents, Table 2, Rule 1, to receive a DD Form 214, an airman must be separated from a period of active duty.  Effective 29 Jan 14, the applicant was placed on the Temporary Disability Retired List (TDRL).  Her last day of active duty participation was 24 Sep 13.  A DD Form 214 is not a requirement or a discharge document that a member receives at the end of service unless that service was ended on continuous active duty days of a qualifying length of time.  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.  However, ARPC/DPTS did complete an administrative correction for a period of uncaptured active duty, from 01 Oct 01 to 04 Jan 02, and issued the applicant a DD Form 214 for this time period.  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 17 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, the Board concludes 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, 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 beyond the relief provided administratively.

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-2018-01832 in Executive Session on 04 Oct 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 03 May 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, w/atchs, dated 20 Jul 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 17 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.