RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02436

XXXXXXXXXXXXX	COUNSEL: NONE	

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect the following:

1.	His entire time in the Air National Guard (ANG) from 4 Aug 82 to 4 Feb 93 be reflected.

2.	The spelling of his last name be corrected.

3.	 His grade reflect as technical sergeant (E-6).

4.	 His place of birth reflect XXXX.

APPLICANT’S CONTENTIONS

He received a DD Form 214 in Jul 19 that does not reflect his entire time in the ANG.  He was also a technical sergeant and not an airman first class (E-3).  His name and place of birth should also be corrected.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former ANG technical sergeant (E-6).    

He provides a DD Form 214 showing he completed a period of active duty service from 4 Aug 82 to 30 Nov 82 for completion of training.  He was credited with 3 months and 27 days of active duty service.  

The applicant provides National Archives and Records Administration (NARA), NA Form 13038, dated 18 Jul 19, which shows his last name misspelled and his place of birth as “N/A.”

The DD Form 214 does not include place of birth but lists place of entry.  

He provides an Honorable Discharge Certificate from the ANG dated 4 Feb 93.

The applicant’s military human resources record (MHRR) is limited.  However, the microfiche document listing shows only one DD Form 214, for the period ending 30 Nov 82.  

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

APPLICABLE AUTHORITY

AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), paragraph 2.4.2, ARPC will provide DD Form 214 for ANG members who are released from Title 10 orders covering a period 90 days or more of non-contingency orders.  

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 applicant requests his DD Form 214 issued on 30 Nov 82 include his entire time in the ANG.  However, per AFI 36-3202, only ANG members who are released from Title 10 orders covering a period of 90 days or more of non-contingency orders are issued a DD Form 214.  In this respect, the applicant has provided no evidence to show he performed any additional qualifying periods of active duty service to warrant granting the requested relief.   The applicant also requests his DD Form 214 show his grade of technical sergeant.  However, he has provided no evidence to show his grade of airman first class as recorded on the DD Form 214 was incorrect for the period of service ending 30 Nov 82.  The applicant also requests the spelling of his last name and place of birth be corrected; however, the errors appear to be on the NARA Form 13038 rather than the DD Form 214.  This Board, which serves on behalf of the Secretary of the Air Force in the correction of military Air Force records, is without authority to direct the correction of a record issued by another department.  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-2020-02436 in Executive Session on 6 Apr 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 1 Jul 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

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.