RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03372

XXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED	NO

APPLICANT’S REQUEST

Correct item 12i (Reserve Oblig. Term. Date) on his DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect “00” versus “1989 Mar 16.”  

APPLICANT’S CONTENTIONS

He did not participate in the Air Force Reserve.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force sergeant (E-4).

On 17 Mar 83, the applicant entered the Regular Air Force.

On 16 Mar 87, the applicant was honorably discharged.

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.  It has been 34 years since the applicant’s discharge; his master personnel records have limited documentation, and the submission of his application exceeds the three-year filing requirement.  He was honorably discharged on 16 Mar 87, having served 4 years on active duty (Completion of Required Active Service, per AFR39-10, Enlisted Separation of Airmen).  For that timeframe, the Military Service Obligation was six years from the time the individual entered active duty, which required individuals to serve in the Inactive Reserves for the remaining period of their service obligation.  Based on review of the applicant’s master personnel records and his requested relief, there is NO error or injustice with the discharge processing.  

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 17 Aug 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.  Specifically, the applicant’s DD Form 214, item 12i – 1989 Mar 16, accurately reflects the completion date of his Military Service Obligation of six years from when he entered active duty.  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-2020-03372 in Executive Session on 8 Feb 22:

, 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 23 Sep 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSR, dated 16 Aug 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 17 Aug 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2020-03372, as required by AFI 36-2603, paragraph 4.11.9.