RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03838

	COUNSEL: NONE
XXXXXXXXX	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, item 12i (Reserve Obligation Termination Date) reflect 16 Dec 86 rather than N/A. 

APPLICANT’S CONTENTIONS

He enlisted in the Air Force Delayed Entry Program on 17 Dec 80 with a total military obligation of six years.  Therefore, he was in the Air Force Individual Ready Reserve (IRR) until 16 Dec 86, and was advised that was when his IRR obligation was terminated.  Unfortunately, he did not save a copy of the memo.  His active duty service began on 11 Jun 81 and he was discharged on 12 Jun 85.  He has been a member of the Army National Guard and Army Reserve since 28 Sep 93.  However, the Army Human Resource Command changed his Pay Entry Base Date (PEBD) because his DD Form 214 indicates he was discharged from the Air Force rather than transferred.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant’s Military Personnel Record was unavailable for review.  The following information was provided from the applicant.

On 17 Dec 80, according to DD Form 4/1, Enlistment Reenlistment Document - Armed Forces of the United States, the applicant enlisted in the Air Force Reserve under the Delayed Entry Program for a period of six years in the grade of airman (E-2).

On 11 Jun 81, according to DD Form 4/4, the applicant entered the Regular Air Force in the grade of E-2 for a period of four years.

On 12 Jun 85, according to DD Form 214, the applicant was honorably discharged and credited with 4 years of active service and 5 months and 4 days of prior inactive service.  He received a reentry code of 4E and his separation code and corresponding narrative reason for separation is KBK (Expiration Term of Service).

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application.  In accordance with AFR 39-10, Administrative Separation of Airmen, the narrative reason for separation and reentry code determined if a Military Service Obligation was warranted, allowing for a release/transfer to the Air Force Reserve or if a member was discharged.  If a Military Service Obligation was warranted, item 12i of the DD Form 214 would be completed.  If it was not, then “N/A” would be recorded.  In this case, the applicant’s DD Form 214 is correct because he was discharged with no additional service obligation.   

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 27 May 20 for comment (Exhibit C), 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 AFPC/DP2SSR 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.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2019-03838 in Executive Session on 24 Sep 20:

Mr., Panel Chair
Ms., Panel Member
Mr., Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 18 Nov 19. 
Exhibit B:	Advisory opinion, AFPC/DP2SSR, dated 21 Apr 20.
Exhibit C:	Notification of advisory, SAF/MRBC to applicant, dated 27 May 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.