RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-03812

	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

He receive a DD Form 214, Certificate of Release or Discharge from Active Duty, for the period 8 May 00 to 30 Sep 00.

APPLICANT’S CONTENTIONS

His records do not reflect he was on active duty from 8 May 00 to 30 Sep 00.  A DD Form 214 was not created for the period in question.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force Reserve staff sergeant (E-5).

DD Form 214 dated 19 Jan 96, indicates the applicant served on active duty for initial active duty training from 18 Jul 95 through 19 Jan 96.

ANG/USAFR Point Credit Summary dated 12 May 01 and Service History dated 6 May 03, provided by the applicant, reflects he served on active duty from 8 May 00 to 11 Jul 00, 15 Jul 00 to 28 Jul 00 and 31 Jul 00 to 30 Sep 00.

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.  There is no evidence of an error or injustice.  The applicant did not qualify for a DD Form 214.  Air Reserve Component members must serve on active duty for 90 continuous calendar days or more in order to qualify for a DD Form 214.  If the member was ordered to active duty in a national emergency or war, the member must provide substantiating documentation (orders and travel vouchers) before a DD Form 214 can be created.  

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 24 Feb 20 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-2019-03812 in Executive Session on 23 Apr 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 19 Jul 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, w/atchs, dated 3 Dec 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 24 Feb 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.