RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04504

XXXXXXXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her DD Form 2766C, Vaccine Administration Record, be corrected to show that she received a Gamma Globulin shot on 20 Feb 91.  

The applicant’s remaining requests were administratively corrected so Board action is not required.

APPLICANT’S CONTENTIONS

Her PHS 731, International Certificates of Vaccination, (yellow shot record) was transcribed to a DD Form 2766C; however, the immunization information was transcribed incorrectly.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, shows she is a retired Air Force master sergeant (E-7).  

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

AIR FORCE EVALUATION

AFMRA/SGNP recommends denial of the applicant’s request to correct her DD Form 2766C to show that she received a Gamma Globulin shot on 20 Feb 91.  AFMRA/SGNP states Gamma Globulin is not an immunization and would not have been documented in an electronic immunization tracking system. 

Additionally, AFMRA/SGNP administratively corrected the applicant’s DD Form 2766C, Vaccine Administration Record as requested and provided an updated DD Form 2766C. 

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 25 Jun 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 AFMRA/SGNP 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-2019-04504 in Executive Session on 27 Oct 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 11 Sep 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFMRA/SGNP, dated 8 May 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 28 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.