RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00161

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

A DD Form 214, Certificate of Release or Discharge from Active Duty, be created to reflect the time he served on active duty 14 - 24 July 2002.

APPLICANT’S CONTENTIONS

During the period 14 – 24 Jul 2002, he was deployed to Paraguay in support of a humanitarian assignment as part of MEDRETE South Command.  In support of his request for a DD Form 214, he submits a copy of NATO orders, and the After Action Report for MEDRETE, both identifying his participation in this deployment.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Reserve technical sergeant (E-6).

On 30 Sep 2002, the applicant was awarded the Air Force Achievement Medal (AFAM) for his distinguished service 13 Jul 2002 to 27 Jul 2002, in support of the Medical Readiness Training Exercise/MEDRETE, Paraguay.

On 6 Apr 2005, the applicant was assigned to the Retired Reserve.  

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

AIR FORCE EVALUATION

NGB/A1PP, recommends denying the application.  A review of the documentation submitted by the applicant and his personnel record, revealed his time served 14 – 24 Jul 2002 on active duty as part of MEDRETE South Command, did not meet the threshold criteria outlined in DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series).  Personnel must serve 90 days or more of active duty for training, full-time training duty, or active duty for special work to be furnished a DD Form 214.  

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 22 Jul 2020 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 NGB/A1PP 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-2020-00161 in Executive Session on 26 Aug 2020:

, 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 5 Nov 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PP, w/atch, dated 6 May 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 22 Jul 2020.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2020-00161, as required by AFI 36-2603, paragraph 4.11.9.