RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02505

XXXXXXXXXXXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Correct his DD Form 214, Certificate of Release or Discharge from Active Duty, block 12b., separation date this period, from Mar 2005 to May 2005.

APPLICANT’S CONTENTIONS

Due to this clerical error, he does not have access to all of his VA benefits.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force airman first class (E-3).

On 13 May 03, the applicant enlisted into the active duty Air Force for four years.

On 28 Mar 05, the applicant separated from active duty.

On 29 Mar 05, the applicant joined the Air Force Reserve.

On 12 May 2011, the applicant was discharged from the Air Force Reserve.

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

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application.  The applicant was released from active duty on 28 Mar 05.  The military personnel database confirms the date of separation of 28 Mar 05; therefore, the DD Form 214 is correct as indicated.  Furthermore, the applicant did not separate Palace Chase, but was placed into the Individual Ready Reserve (IRR) since he still had time remaining on his service commitment because of the early release from active duty.

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 01 Feb 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/DP2SSR and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The military personnel database confirms the DOS of 28 Mar 05, therefore the DD FM 214 is correct as indicated.  Furthermore, the applicant has not provided any documented evidence to the contrary.  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-2020-02505 in Executive Session on 04 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/atch, dated 08 Jul 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSR, dated 01 Feb 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 01 Feb 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.