RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02374

xxxxxxxxxx	COUNSEL: NONE
	(MEMBER)

xxxxxxxxxx 	HEARING REQUESTED: NO
	(APPLICANT)

APPLICANT’S REQUEST

His NGB 22 Form, Report of Separation and Record of Service, be corrected to reflect Total Service for Pay – 20 years 00 months 00 days and Authority and Reason – ANGR 35-10, Retirement.

APPLICANT’S CONTENTIONS

The former member had bladder and prostate cancer but it was not diagnosed until years later.  The applicant attempted to contact the appropriate personnel; unfortunately, the former member was going through a tough illness at the time and assisted her the best he could.  Additionally, no one directed them to the proper personnel to resolve his health challenges.  In support of her request, the applicant provides medical documentation and copies of the former service member’s discharge documents.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The former member is an honorably discharged technical sergeant (E-6.)

On 1 April 1992, the former member was honorably discharged from the National Guard Bureau after serving 19 years 11 months of total service for pay under the provisions of ANGR 39-10, with a narrative reason for separation of “Failure to Comply.”  

APPLICABLE AUTHORITY:

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.

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 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-2020-02374 in Executive Session on 03 February 2021:

, 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 24 March 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.