RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02470

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

A DD Form 214, Certificate of Release or Discharge from Active Duty, for her time in the Air Force Reserve (AFR) be issued.

APPLICANT’S CONTENTIONS

According to AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series) paragraph 4.1.1, she meets the qualifications for issuance of a DD Form 214.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged AFR staff sergeant (E-5). On 4 Sep 02, the applicant initially entered into the AFR.  

Per Reserve Order A-214, dated 1 Mar 12, the applicant was honorably discharged from all appointments in the AFR effective 15 Mar 12, due to Physical Disqualification.  

On 7 Aug 20, the applicant was issued a DD Form 214 for the period 22 Apr 03 to 10 Aug 03, with narrative reason for separation of Completion of Initial Active Duty Training.   

According to the Reserve Points Summary, dated 11 Jan 21, the applicant received 201 active duty points during the period 4 Sep 02 to 3 Sep 08. During the period 4 Sep 08 to 3 Sep 11, she received six inactive duty training (IDT) points. In addition, she was credited with six years satisfactory service from 4 Sep 02 to 3 Sep 11.

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

AIR FORCE EVALUATION

AFPC/DPTS, recommends denying the application.  The member has a total of 201 active duty points, the time served is not eligible for creation of an additional DD Form 214. Per Total Force Personnel Services Delivery (PSD) Guide, Section C, “TFSC – Buckley, Colorado. Will accomplish the official DD Form 214 for: Active Guard and Reserve - AGR (Title 32) members who are released (voluntarily or involuntarily) from a period of 90 days or more continuous/consecutive active duty service or ordered to active duty for a contingency operation for a period greater than 30 days.”

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 Jan 21 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/DP3SP 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-2020-02470 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 5 Apr 20
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPTS, dated 15 Jan 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 22 Jan 21.

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.