RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01622

XXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be issued a DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect his active duty service performed at Maxwell Air Force Base in August 1961.  

APPLICANT’S CONTENTIONS

He has exhausted all available non-judicial relief by contacting numerous military record depositories only to be told his official military personnel records were not found, it is a high probability they were destroyed in the National Personnel Records Center (NPRC) fire of 1973.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

According to documents submitted by the applicant, he is an honorably discharged Air Force Reserve airman second class (E-3). 

On 15 June 1959, according to Special Orders Number 111, dated 15 June 1959, the applicant was honorably discharged from the Alabama Air National Guard,  transferred to the Air Force Reserve and issued NGB 438a, Honorable Discharge Certificate (Air National Guard).  The reason for separation was Expiration of Term of Service.

On 7 August 1961, Reserve Orders Number G-16, were issued by the Air Force Reserve Recovery Group, which relieved numerous personnel from their current position and assigned them to new positions in the Air Force Reserve Recovery Squadron.

On 15 June 1962, according to Reserve Orders Number C-5365, dated 28 June 1962, the applicant was relieved from assignment with the Air Force Reserve and issued a DD Form 256AF, Honorable Discharge Certificate. 

On 8 May 2020, the Director, Personnel and Total Force Services, Air Reserve Personnel Center (ARPC), advised the applicant’s Senator, the ARPC Career Support team was unable to locate the applicant’s Master Personnel Record.  Their NPRC liaison researched all available systems at NPRC, but unfortunately, no records were found.  (Exhibit B)   

APPLICABLE AUTHORITY

Title 10, United States Code, Section 1168: Discharge or release from active duty: limitation; DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); DD Form 214 Total Force Personnel Services Delivery Guide.  The DD Form 214 is prepared in accordance with the aforementioned publications and is used to record qualifying active duty service.  

Air Reserve Component (ARC) members on continuous active duty for 90 calendar days or more will be issued a DD Form 214.  A DD Form 214 may also be issued to ARC members for completion of less than 90 continuous calendar days of active duty for the following reasons: (1) completion of an initial active duty for training (IADT) regardless of length of time; (2) ordered or called to active duty for support of DoD named Contingency Operation for 30 days or more; (3) or separating for cause (for ARC Airman) 

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.  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.  As the applicant contended, it is a high probability his official military personnel records were destroyed in the NPRC fire of 1973.  The Board made reasonable efforts to obtain the applicant’s records; however, were only in receipt of the evidence provided by the applicant.  Based on the evidence provided by the applicant and review of applicable authorities, the Board did not find a material error or injustice substantiating 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-2020-01622 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 6 March 2020.
Exhibit B:	Documentary Evidence, Applicable Authority.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2020-01622, as required by AFI 36-2603, paragraph 4.11.9.