RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04993

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be issued a DD Form 214, Certificate of Release or Discharge from Active Duty, reflecting military service from 1986 to 2006.

APPLICANT’S CONTENTIONS

He served in the Air Force Reserve from 1986 to 2006. 

The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve master sergeant (E-7).

The applicant was issued a DD Form 214, for his active duty service in the Regular Air Force from 12 Oct 72 to 10 Oct 80.

DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, reflects the applicant initially enlisted in the Air Force Reserve 4 Nov 86.

Reserve Order EL-4257, dated 21 Jul 15, reflects the applicant retired from the Air Force Reserve 22 Aug 15.

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

APPLICABLE AUTHORITY

AFI 36-3202, Separation Documents, paragraph 4.5. Air Reserve Component (ARC) members will be issued a DD Form 214 under the following situations:

Paragraph 4.5.1.  Involuntarily ordered to active duty in the event of a national emergency or war under Title 10, United States Code, sections 12301, 12302, 12304, 12306, 12307, or 688, will be issued a DD Form regardless of the number of days served. The requirement to complete a DD Form 214 due to mobilization is outlined in AFI 10-416, Personnel Readiness and Mobilization. 

Paragraph 4.5.2.  Members who complete 90 continuous calendar days or more of active duty or active duty for training (ADT), or an initial active duty training tour (IADT). 

Paragraph 4.5.3.  Active Guard/Reserve (AGR) members who complete 90 continuous calendar days or more of active duty.

AIR FORCE EVALUATION

ARPC/DPTS recommends denying the application.  A review of the applicant’s record found that once he transferred to the Air Force Reserve, he had no period of active duty service that would be eligible for creation of a DD Form 214.  Members serving in the Air National Guard (ANG) and Air Force Reserve (USAFR) do not receive a comprehensive DD Form 214 automatically.  Instead, this document is created as a snapshot in time when members complete qualifying periods of active duty orders.

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 8 Apr 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 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).  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-2019-04993 in Executive Session on 3 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 18 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, w/atch, dated 6 Mar 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 8 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.