RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-01261

XXXXXXXXXXXX	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, issued 6 January 2006, Block 2, Department, Component and Branch, be corrected to reflect Regular Air Force versus United States Air Force Reserve (USAFR).

APPLICANT’S CONTENTIONS

He was denied a Department of Veterans Affairs (DVA) home loan because Block 2 of his DD Form 214 indicates “USAFR” and it appears he was never on active duty. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force Reserve captain (O-3).

On 15 May 2004, the applicant was commissioned and appointed as second lieutenant (O-1) in the USAFR.

On 6 July 2004, according to AF Form 766, Extended Active Duty Order dated 26 April 2004, the applicant was ordered to extended active duty for an indefinite period under the USAFR component. 

On 6 January 2006, the applicant was released from active duty and issued a DD Form 214 with a narrative reason for separation of Miscellaneous/General Reasons.  He was credited with one year, six months, and one day of active service and transferred to the USAFR. 

On 14 May 2014, according to Reserve Order CB-001670 dated 20 May 2014, the applicant was honorably discharged from all appointments in the United States Air Force.

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

AIR FORCE EVALUATION

AFPC/DP2LT recommends denying the application.  Based on documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The applicant entered active duty on 6 July 2004 and separated on 6 January 2006.  Air Force policy in effect at that time mandated that all new officers be commissioned as Reserve officers and the Air Force would offer Regular appointments when the officers were selected for promotion to major.  In 2005, the National Defense Authorization Act (NDAA) established policy to transition all Reserve commissioned officers on the active duty list to Regular status by 1 May 2006.  All active duty scrolls were submitted to the Office of the Secretary of Defense on 1 April 2006 for approval of the Regular Air Force appointment.  Since the applicant was projected for separation from active duty and removed from the active duty list, he was not offered a Regular Air Force commission prior to his discharge.

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 July 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 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.  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-2020-01261 in Executive Session on 17 December 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 23 March 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2LT, dated 8 Jun 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 22 July 2020

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.