RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04198

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His service dates be corrected to reflect 5 Feb 58 to 4 Feb 64.

APPLICANT’S CONTENTIONS

He was required to serve in the Reserves until 4 Feb 64, and his service dates should be corrected.  The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Regular Air Force airman second class (E-3), who was discharged and transferred to the Air Force Reserves on 17 Aug 61.

On 4 Feb 64, he was honorably discharged from the Air Force Reserve.

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

AIR FORCE EVALUATION

AFPC/DP2LT, recommends denying the application.  Based on documents in the applicant’s military records, the service dates on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, are correct.  On 5 Feb 58, he enlisted in the Regular Air Force.  On 17 Aug 61, he was released from active duty, and on 18 Aug was transferred to the Individual Ready Reserves (IRR) to complete his military service obligation (MSO).  On 4 Feb 64, he was discharged from the Reserves after completing his MSO.  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 4 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 AFPC/DP2LT 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-2019-04198 in Executive Session on 30 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/atch, dated 19 Aug 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, dated 30 Jan 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 4 Feb 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regarding AFBCMR Docket Number BC-2019-04198, as required by AFI 36-2603, paragraph 4.11.9.