RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-02802

XXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Air Force Reserve time be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.  

APPLICANT’S CONTENTIONS

The applicant makes no contentions.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Regular Air Force (RegAF) sergeant (E-4).   

On 19 Aug 70, according to the applicant’s DD Form 214, he was honorably discharged from the RegAF, having served 3 years, 8 months, and 28 days.  

On 19 Aug 81, according to the applicant’s AFRES Form 116, Request and Authorization for Discharge and Enlistment/Reenlistment of Air Force Reserve Airmen, he was honorably discharged from the AFRES.

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 there is no evidence of an error or injustice.  There is no military record available to verify qualifying active duty service during his time in the AFRES, which could possibly entitle the applicant to the issuance of a DD Form 214. 

Furthermore, the DD Form 214 is not a comprehensive document.  The DD Form 214 captures entry date to release date of each qualifying period of active duty as a snapshot in time.  Therefore, time served in AFRES would not be applied to a RegAF DD Form 214.

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 28 Aug 19 for comment (Exhibit D), but has received no response.  

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 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-2019-02802 in Executive Session on 15 Apr 20:

Panel Chair, AFBCMR
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 4 Mar 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, dated 9 Aug 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 28 Aug 19.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2019-02802, as required by AFI 36-2603, paragraph 4.11.9.