RECORD OF PROCEEDINGS

IN THE MATTER OF:                                    DOCKET NUMBER: BC-2019-05093

XXXXXXXXXXXXXX                                   COUNSEL: NONE 	 

                                                                             HEARING REQUESTED: NOT INDICATED

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to include service in Operation Desert Storm.  

APPLICANT’S CONTENTIONS

He provides a letter from AFPC/DPIOR dated 17 Sep 19, stating his military human resources record (MHRR) did not contain a DD Form 214.  He was advised to file a BCMR application for re-accomplishment of his DD Form 214.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

The applicant’s MHRR contains a DD Form 214, which shows he served a period of active duty in the Regular Air Force from 26 Sep 66 to 21 Aug 70.  He was honorably released from active duty and transferred to the Air Force Reserve.  

On 2 Aug 07, he was placed on the Retired List, Retired Reserve Section, in the grade of MSgt.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

ARPC/DPTS recommends denial.  Per AFI 36-3202, Separation Documents, members who complete orders of 90 consecutive days or more or members who mobilized in support of a contingency operation for one day or more qualify for a DD Form 214.  The applicant’s record does not indicate participation in Operation Desert Storm.  The complete advisory opinion, with attachment, 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 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 AFPC/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-2019-05093 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/atchs, dated 2 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 6 Apr 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 8 Jun 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.