RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-03120

XXXXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

Correct his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, to reflect his participation in Operation GRAPHIC HAND.

APPLICANT’S CONTENTIONS

He wants his record to reflect he was call up by President Nixon, in support of Operation GRAPHIC HAND, for the United States Postal strike in early 1970.  It was not listed on his discharge papers/DD Form 214.  The National Cemetery requires it to be listed so he can bury his spouse there. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air National Guard staff sergeant (E-5).

On 9 Apr 67, according to DD Form 214, the applicant was furnished an honorable discharge with Reason and Authority: Completion of AD Trng [active duty training] (non-prior service Ready Reservist).

According to DD Form 220, Active Duty Report, the applicant was called to active duty for the period 24 – 26 Mar 70.

On 8 Jan 76, according to NGB Form 22, Report of Separation and Record of Service, the applicant was honorably discharged from the Air National Guard and credited with 9 years, 8 months, and 18 days total service for pay purposes.

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

AIR FORCE EVALUATION

ARPC/DPTS recommends denying the application.  There was no substantiating documentation or proof of an error or injustice within the applicant’s military record.  After a careful review of the applicant’s military record, there was no official documentation supporting his claim he participated in Operation GRAPHIC HAND.  Additionally, the active duty service period on his DD Form 214 ended on 9 Apr 67, which is prior to the March 1970 postal strike.

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 25 Oct 22 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 recommendation of ARPC/DPTS and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Additionally, the period of active duty service reflected on his DD Form 214 was outside the activation period for Operation GRAPHIC HAND.  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.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2021-03120 in Executive Session on 19 Jan 23:

, 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 25 Aug 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPTS, dated 13 Oct 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 25 Oct 22.

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.