RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-01482

xxxxxxxxxxx  	COUNSEL:  NONE
	AKA
XXXXXXXXXXX	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect she served in the Regular Air Force vice the United States Air Force Reserve (USAFR).

APPLICANT’S CONTENTIONS

The applicant contended she was active duty and never in the Air Force Reserve.  The error of being in the Reserve is unjust and discredits her as a military officer, stationed at Mather Air Force Base.

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 18 Apr 92, the applicant was furnished an honorable discharge and credited with 1 year, 8 months, 15 days active service.

On 11 May 90, according to the Air Force Discharge Review Board memorandum, dated 19 Apr 95, the applicant was appointed as a first lieutenant in the Air Force Reserve.

On 5 Jun 90, according to the Air Force Discharge Review Board memorandum, dated 19 Apr 95, the applicant was ordered to extended active duty.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFPC/DP2N recommends denying the application due to a lack of sufficient evidence.  The Department of the Air Force Review Board memorandum reflected the applicant was appointed into the Reserve of the Air Force on 11 May 1990; however, this memorandum is not an official source document to determine if applicant was appointed.  The applicant’s Oath of Office and Extended Active Duty order are required to determine the component to which she was appointed.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 23 Jul 20 for comment (Exhibit D), and the applicant replied on 16 Aug 20.  In her response, the applicant provided additional documentation in support of her contention.  Additionally, the applicant stated she never received any official document statement other than her honorable discharge showing that she was in the Air Force Reserve.  The applicant’s complete response is at Exhibit E.

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, to include the applicant’s rebuttal, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2N 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).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  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-2019-01482 in Executive Session on 5 Aug 20 and 22 Sep 20:

, 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 9 Jan 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2N, dated 22 Jul 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 23 Jul 20.
Exhibit E:	Applicant’s Response, w/atchs, dated 16 Aug 20.

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.