RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00210

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended as follows:

1.  His date entered active duty show as Nov 75, instead of 4 Dec 78.  

2,   He attended basic military training (BMT) for 8 weeks, instead of 6 weeks.  

3.  He be awarded the following awards (WILL NOT BE CONSIDERED BY THE BOARD AT THIS TIME):

Air Force Good Conduct Medal.

Air Force Commendation Medal

Air Force Outstanding Unit Award, with two oak leaf clusters.

APPLICANT’S CONTENTIONS

He was on inactive duty from Jun 75 until Nov 75.  He was at BMT for an additional two weeks due to strep throat. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force staff sergeant (SSgt, E-5).

His DD Form 214, Certificate of Release or Discharge from Active Duty, shows he entered active duty this period on 4 Dec 78 and was honorably discharged on 3 Apr 84.  His DD Form 214 also shows he was at BMT for 6 weeks.   

The Document and Fiche Listing, dated 15 Jun 84, in his military human resources record (MHRR) shows the applicant was also issued a DD Form 214 dated 2 Nov 78 for his prior active duty service; however, a copy is not included in his MHRR.  His DD Form 214 issued 3 Apr 84 shows 3 years and 1 month of prior active service.  

On 6 Feb 20, the BCMR Staff informed the applicant his request for awards and decorations was forwarded to AFPC for review and/or corrective action.  If AFPC is unable to resolve his request, they will refer the request back to the BCMR for adjudication.  Accordingly, the Board will not consider the applicant’s requests for the awards at this time.  For more information, see the excerpt of the applicant’s record at Exhibit B.

APPLICABLE DIRECTIVE

Department of Defense Instruction (DODI) 1336.1, Certificate of Release or Discharge from Active Duty (DD 214/5 Series), paragraph 3, The DD Form 214 will provide an accurate and complete summation of active military service.  The practice of issuing DD Forms 214 upon completion of an expiration term service (ETS) with subsequent reenlistment or extension of enlistment ended in 1976.  The applicant’s DD Form 214 issued 3 Apr 84 reflects his prior service.  

AIR FORCE EVALUATION

The BCMR Staff did not provide an advisory in this case.  

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant did not exhaust the available non-judicial relief for request of awards and decorations before applying to the Board.

3. After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  While the applicant contends his entered active duty date is incorrect and he was at BMT for 8 weeks, instead of 6, he has provided insufficient evidence to sustain this to be the case.  The applicant’s request for awards and decorations has been forwarded to AFPC for possible administrative correction.  Should AFPC be unable to administratively correct his record as requested, his request for the awards and decorations will be returned to the Board for adjudication.  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-2020-00210 in Executive Session on 26 Aug 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, dated 22 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	 Letter, SAF/MRBC, dated 6 Feb 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.