RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-04181

XXXXXXXXXXXX	COUNSEL:  NONE

 	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Her DD Form 214, Certificate of Release or Discharge from Active Duty, issued 31 March 1986, be amended to reflect her period of active duty service from March 1993 to November 1993.

APPLICANT’S CONTENTIONS

She retrained into the personnel career field and attended technical training in March 1993.  She returned from training and was on active duty orders from April to November 1993.  None of her active duty time is recorded, which takes away her veteran status. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force Reserve sergeant (E-4).

On 26 December 1985, the applicant was ordered to Initial Active Duty Training, and on          31 March 1986, she was released from active duty and furnished a DD Form 214.  She was credited with three months and five days of active service.

On 1 January 1998, the applicant was honorably discharged from the Air Force Reserve and furnished a DD Form 256AF, Discharge Certificate.

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.  The applicant’s military personnel record does not contain the appropriate source documents to verify her active duty service during the requested period.  In accordance with AFI 36-3202, Separation Documents, to qualify to for a DD Form 214, a member must perform 90 continuous calendar days or more of active duty.  A review of the applicant’s military record failed to substantiate her service meets the eligibility criteria as a qualifying period of active duty service.  

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 26 February 2020 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).  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-2019-04181 in Executive Session on 26 August 2020:

, 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/atch, dated 13 August 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, dated 17 January 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 26 February 2020.

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.