RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00990

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to include the Meritorious Service Medal (MSM).  (Referred to AFPC Recognitions; no Board action required at this time)

2.  His Air Force Reserve time be added to his DD Form 214.

APPLICANT’S CONTENTIONS

He served in the Air Force Reserve after his DD Form 214 was issued, and was awarded the MSM.  He believes there is no time limit for receiving the recognition he has earned in service to his country.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve staff sergeant (E-5).

On 11 Apr 78, according to DD Form 214, the applicant entered the Regular Air Force and on 1 Oct 93, he was released from active duty.  His narrative reason for separation is “Vol-Release/Transfer to Another Service Component for Early Release.”  He was credited with 15 years, 5 months, and 21 days of active service.

On 9 Sep 94, according to DD Form 4, Enlistment/Reenlistment Document - Armed Forces of the United States, the applicant enlisted in the Air Force Reserve for a period of 2 years.

On 20 May 95, according to Reserve Order EK-4918 dated 23 May 95, the applicant was placed on the Reserve Retired list due to Physical Disqualification for Active Duty. 
 
For more information, see the excerpt of the applicant’s record at Exhibit B.

AIR FORCE EVALUATION

AFPC/DP2LT recommends denying the application.  The applicant entered the Air Force on 11 Apr 78 and was released from active duty on 1 Oct 93.  He was issued a DD 214 to document his period of active duty service in the Regular Air Force.  Any active duty service performed in the Air Force Reserve after his separation from the Air Force would be documented on a separate document, which would be provided by the Air Reserve Personnel Center.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  His DD 214 accurately reflects his active duty service with the Regular Air Force.

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 4 Dec 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/DP2LT 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.  However, should AFPC Recognitions be unable to administratively correct the applicant’s record for award of the MSM, his request will be referred back to the Board for further consideration.  Accordingly, 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-2020-00990 in Executive Session on 17 Dec 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 16 Dec 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, dated 16 Jul 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 4 Dec 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.