RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01586

XXXXXXXXXXXXXX	COUNSEL: NONE	

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.   His DD Form 214, Certificate of Release or Discharge from Active Duty, issued 31 Oct 83, Block 11, Primary Specialty Number, Title and Years and Months in Specialty, be corrected to reflect “77130, Air Police Security, 3 years; 77150, Air Police Law Enforcement, 1 year; 67252, Financial Services Specialist, 8 years and 5 months; 67273, Financial Management Supervisor, 8 years and 5 months.”

2.  His records show he completed five short tours in XXXX, versus three short tours.

3.  His records show he completed a 90-day temporary duty (TDY) assignment at XXXX between 1981 and 1982.

4.  His DD Form 214, Block 14, Military Education, reflect he completed Air Policeman course in May 1963 and cross-trained into General Accounting in Oct 1967.

APPLICANT’S CONTENTIONS

One of his short tours was left off because he was considered to be on an “extended tour” at XXXX from1980 to 1982 and his records erroneously show only one short tour for the period.  He was also TDY in XXXX from 23 Aug 82 to 23 Aug 83, which was also excluded. While on his extended tour at XXXX, he completed a 90-day TDY at XXXX in 1982.  This TDY is not reflected in his records.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

The applicant’s records include three DD Forms 214. The DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, for the period ending 30 Nov 66, Block 23a, Specialty Number and Title, reflect “77150 Air Policeman.”

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, for the period ending 2 Jul 71, Block 23a, reflects “67151 General Actg Specl.”

The DD Form 214, for the period ending 31 Oct 83, Block 11, reflects “67273, Financial Management Supervisor, 8 years, 5 months; 67252, Financial Services Specialist, 12 years, 5 months.  Block 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized, include the Air Force Overseas Short Tour Ribbon with One Oak Leaf Cluster.  Block 14, Military Education, includes Air Policeman Course, 180 hours, May 66 and General Accounting Specialist, 11 weeks, Oct 67.

The applicant’s military human resources record (MHRR) includes a report of individual printout (RIP) dated 8 Feb 83, which shows he completed three short tours to XXXX, ending 26 Nov 66.  26 Mar 74 and 22 Aug 82.

Special Order Number AC-1059, Retirement Order, dated 12 Aug 83, shows servicing personnel office as 8 CSG, APO SF 96265 XXX).  The DD Form 214 issued 31 Oct 83 shows station where separated XXXX.  

For more information, see the excerpt of the applicant’s records at Exhibit B and the advisory opinions at Exhibits C and D.

APPLICABLE AUTHORITY/GUIDANCE

AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), paragraph 1.1., The DD Form 214 and DD Form 215 provide an accurate and complete summation of active duty service at the time of transfer, release, discharge or change of component or status while on active duty.  At the time of the applicant’s service, separate DD Forms 214 were issued for each period of service.  Paragraph 3.1.4, The DD Form 214 and DD Form 215 provide separating airmen with brief, clear records of their active duty service at the time they are transferred, released, discharged or retired. Temporary duty assignments are not listed on the DD Form 214.

AIR FORCE EVALUATION

AFPC/DP3DW recommends denial to add an Air Force Specialty Code (AFSC) to his DD Form 214, dated 30 Oct 83.  The DD Form 214 is correct as reflected.  The applicant received a DD Form 214 for each period of service with the correct AFSC listed within the DD Forms 214.  A review of his records show he performed the duties in AFSC 77150 from 4 Feb 63 to 20 Apr 66, and only the highest skill level held will be documented.  Therefore, the DD Form 214 ending 30 Nov 66 reflects his AFSC 77150 held during the period of service.  

The complete advisory opinion is at Exhibit C.

AFPC/DP3AM recommends denial for two additional tours in xxxx.  They were able to verify and confirm boots on ground from 30 Oct 65 to 26 Nov 66, 19 Jan 73 to 28 Mar 74 and 20 Feb 80 to 22 Aug 82.  

The complete advisory opinion is at Exhibit D.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 12 Nov 20 for comment (Exhibit E), and the applicant replied on 20 Nov 20.  In his response, the applicant contended he was reassigned from XXXX to XXXX from 20 Feb 80 to 22 Aug 82.  Thirty months is not one short tour.  After his tour at XXXX, he was assigned to XXXX, from 23 Aug 82 to 30 Sep 83, which is also a short tour. He provides a letter from his former supervisor dated 18 Nov 20 showing he is entitled to credit for 5 short tours in XXX.  His DD Form 214, ending 31 Oct 83 was issued at XXXX, his last duty assignment.  

The applicant’s complete response is at Exhibit F.

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 recommendations of AFPC/DP3DW and AFPC/DP3AM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  In this respect, the Board finds the applicant was issued separate DD Forms 214 during his period of service and he has provided insufficient evidence they are not correct as reflected.  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-2020-01586 in Executive Session on 28 Jul 21:

 , 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 7 May 20
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3DW, w/atch, dated 4 Nov 20.
Exhibit D: Advisory Opinion, AFPC/DP3AM, dated 11 Nov 20.
Exhibit E:	Notification of Advisory, SAF/MRBC to Applicant, dated 12 Nov 20.
Exhibit F:	Applicant’s Response, w/atchs, dated 20 Nov 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.