RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04194

	COUNSEL: NONE
	
 	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be issued a DD Form 214, Certificate of Release or Discharge from Active Duty.

APPLICANT’S CONTENTIONS

He was told that his records do not exist but if they can be found, they will show he was on Title 32 orders for over 90 days during basic training and on-the-job training, which warrants a DD Form 214.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air National Guard (ANG) technical sergeant (E-6).

On 29 Jun 70, according to a DD Form 4, Enlistment Contract-Armed Forces of the United States, provided by the applicant, he enlisted in the XX1 ANG for six years.

On 19 Nov 76, according to Special Order AF-664, dated 3 Dec 76, provided by the applicant, he was honorably discharged from the XX1 ANG and on 20 Nov 76, he enlisted in the XX2 ANG.

On 17 May 77, according to NGB Form 22, Report of Separation and Record of Service, the applicant was honorably discharged from the XX1 ANG.

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

APPLICABLE AUTHORITY

AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series).  A DD Form 214 will be issued upon completion of 90 continuous calendar days or more of active duty (for an ARC Airman). This includes active duty for training, full-time training duty, active duty for special work or active duty for operational support (ADOS).  For ADOS, active duty performed not in support of a contingency operation (e.g., Operation NOBLE EAGLE, Operation ENDURING FREEDOM, etc.).

A DD Form 214 may also be issued upon completion of an initial active duty for training (IADT) regardless of length of time, ordered or called to active duty for support of DoD named “Contingency Operation for 30 days or more, or separating for cause (for ARC Airman).  

An extract from AFI 36-3202 can be found at Exhibit B.

AIR FORCE EVALUATION

The AFBCMR staff did not request an advisory opinion.

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 finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant’s military personnel records could not be retrieved from the National Personnel Records Center nor did the applicant provide documentation to verify the dates of his training.  Therefore, as noted above the applicant has not provided evidence that he meets the criteria for issuance of a DD Form 214.  If the applicant were to provide such documents, the Board may reconsider his request.  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-2019-04194 in Executive Session on 25 Jun 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 21 Aug 19.
Exhibit B:	Documentary evidence, excluding relevant excerpts from official records.

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.