RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-02703

XXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Discharge from Active Duty, dated 15 May 64, be corrected to show:

	a. Item 10a (Highest Civilian Education Level Attained) was changed from four years to seven years.  (Administratively corrected)

	b. Item 24 (Statement of Service) updated to reflect Air Force Reserve Officer Training Corps (AFROTC) time and time in law school.

	c. Rank changed from O-3 to O-4. 

APPLICANT’S CONTENTIONS

He completed the requirements for seven years of college credit, which is not reflected on his DD Form 214.  Also, his AFROTC time (the last 2 years, in particular), and the 4-year interval during his law school tenure and bar passage, was not properly taken into consideration in assigning time (active, reserve) and grade prior to discharge.  He believes this total time may result in a rank change from O-3 to O-4.  Correcting the errors on the DD Form 214 will be nice since it will be part of a package required to secure a pistol permit.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force Reserve captain (O-3).

On 15 May 64, according to the DD Form 214, provided by the applicant, he was honorably discharged from the Air Force.  Item 24 (Statement of Service) shows he was credited with 2 years, 9 months and 14 days of total active service and 6 years, 11 months and 13 days creditable for basic pay purposes. 

APPLICABLE AUTHORITY

Air Force Instruction 36-2603, Air Force Board for Correction of Military Records, paragraph 3.4.4, states applicants have the burden of proof for providing evidence in support of their claim that they are the victim of an error or injustice. 

AIR FORCE EVALUATION

ARPC/DPTS recommends denying the application.  There is not enough substantiating documentation to support the applicant’s claim for corrections to Item 24 (Statement of Service) and Rank.  AFROTC is not considered active service and will not reflect on the DD Form 214.  Per Air Force Regulation 39-33, Separation Processing, Airmen of the Reserve Forces will only receive a DD Form 214 upon separation from active military service.  Furthermore, there is insufficient evidence that the applicant’s time in law school was active service, therefore, the total active service and rank cannot be changed.  However, the documentation the applicant provided pertaining to Item 10 (Highest Civilian Education Level Attained) is sufficient and the DD Form 214 was administratively corrected from four to seven years. 

The complete advisory opinion is at Exhibit B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 12 Jan 21 for comment (Exhibit C), and the applicant replied on 11 Mar 21.  In his response, the applicant reiterates many of the contentions in his initial application.  In addition, he states that if the Air Force cannot produce his military records, the evidence offered by him must be deemed credible and accepted, as is the case in federal administrative matters.  

The applicant’s complete response is at Exhibit D.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The applicant contends that since the Air Force cannot produce his military records, the evidence offered by him must be deemed credible and accepted, as is the case in federal administrative matters; however, the Board disagrees.  As noted above, applicants have the burden of proof for providing evidence in support of their claim they are the victim of an error or injustice.  Board staff made reasonable efforts to obtain the applicant’s records; however, the Board is only in receipt of the evidence provided by the applicant.  Therefore, the Board concurs with the rationale and recommendation of ARPC/DPTS and finds 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 of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2018-02703 in Executive Session on 25 Mar 21:

Panel Chair
Panel Member
Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 7 Jul 17.
Exhibit B:	Advisory opinion, ARPC/DPTS, dated 22 Oct 20.
Exhibit C:	Notification of advisory, SAF/MRBC to applicant, dated 12 Jan 21.
Exhibit D: Applicant’s response, dated 11 Mar 21.

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