RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04827

XXXXXXXXXXXXX	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 does not have a DD Form 214 in his military records for the time he served as a cadet in Air Force Reserve Officer Training Corps (AFROTC).       

In support of his appeal, the applicant provides a letter from the Air Force Personnel Center (AFPC) Records Branch indicating that he does not have a DD Form 214 in his military human resource record (MHRR) and needs to submit a request to the Board to correct his record.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

On 23 Jun 05, according to AF Form 766, Extended Active Duty Order, the applicant was issued Special Order A-2673, dated 13 Jun 05, which ordered him to start an active duty assignment in the grade of second lieutenant (O-1).  

A review of the applicant’s MHRR showed no other available records on file.  

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

AIR FORCE EVALUATION

AFPC/DP2LT does not provide a recommendation due to the lack of documentation provided by the applicant or available in his MHRR.  However, they do state that the applicant was disenrolled from AFROTC in 2005 and never commissioned.  

The complete advisory opinion is at Exhibit C.

AFPC/DP2SSR recommends denying the application.  In accordance with AFI 36-3202, Separation Documents, dated 22 Nov 05, a DD Form 214 is issued for retirement, separation from active duty, and for individuals separating/retiring from the Air National Guard or Air Force Reserve.  There is no reference indicating a requirement to issue a DD Form 214 for AFROTC training.  

The complete advisory opinion is at Exhibit D.           

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 13 Nov 19 for comment (Exhibit E), 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.

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-2019-04827 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/atch, dated 16 Sep 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, dated 2 Mar 20.
Exhibit D:	Advisory opinion, AFPC/DP2SSR, dated 18 Mar 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 3 Apr 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.