RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01159

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Correct his DD Form 214, Certificate of Release or Discharge from Active Duty, to add additional years of service time. 

APPLICANT’S CONTENTIONS

His DD Form 214 is in error because block 12a, “Date Entered AD This Period,” should be 20 May 81 and not 5 Apr 85.  He never closely looked at his DD 214 and this error takes 4 years off his time in service. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

According to the DD Form 214 provided by the applicant, he is an honorably discharged Air Force staff sergeant (E-5).

The DD Form 214 shows the applicant entered active duty on 5 Apr 85 and was discharged 7 Aug 89.  He was credited with 4 years, 4 months and 3 days of active service for that period.  It also shows he was credited with 3 years, 10 months and 15 days of prior active service.  

Additionally, block 18 of the DD Form 214 states “Continuous Active Military Service Date: 20 May 1981.”

Per AFI 36-2603, Air Force Board for Correction of Military Records, paragraph 3.4.4, applicants have the burden of proof for providing evidence in support of their claim.  We have made reasonable efforts to obtain the applicant’s records; however, we are only in receipt of the attached evidence provided by the applicant.  As such, the Board may determine that the evidence provided by the applicant is sufficient to support the applicant’s request.  The Board may also make a determination that the claim lacks sufficient evidence to support the claim.  In this case, the applicant will be notified, in writing, indicating the specific information or documents necessary to make the claim complete and reviewable by the Board.

APPLICABLE AUTHORITY 

DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), Enclosure 3, paragraph 3j.

“The date entered in Block 12a shall be the date of enlistment for the earliest period of continuous active service for which a DD Form 214 was not previously issued. For Service members who have previously reenlisted without being issued a DD Form 214, and who are being separated with any discharge characterization except “Honorable,” the following statement shall appear as the first entry in Block 18 on the DD Form 214: “CONTINUOUS HONORABLE ACTIVE SERVICE FROM (applicable date) UNTIL (applicable date).”

(1) The “from” date shall be the date of initial entry into active duty, or the first day of service for which a DD Form 214 was not previously issued, as applicable.

(2) The “until” date shall be the date before commencement of the current enlistment.”

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 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-2020-01159 in Executive Session on 14 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 20 Jan 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.