RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-03212

XXXXXXXXXXXXXX  	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct her final NGB Form 22, Report of Separation and Record of Service (dated 31 Jul 99), to reflect:

1.	Block 10c. Prior Active Federal Service: “07 00 07” vice “05 10 19.”
2.	Block 10d. Total Service for Pay: “22 09 24” vice “21 08 06.”

APPLICANT’S CONTENTIONS

She had 1 year, 1 month, and 18 days active service in the Army National Guard.  This needs to be added to her military record of active duty service to receive retirement pay based on total years of service.  She did not discover the error until 2019 when she began to inquire about the process to apply for a National Guard retirement.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air National Guard staff sergeant (E-5), receiving retired pay.

According to NGB Form 23A, Army National Guard Current Annual Statement, the applicant served in the Delayed Entry Program from 25 Nov 77 to 10 Aug 78. 

On 29 Jun 84, the applicant was furnished an honorable discharge from the Regular Army and was credited with 5 years, 10 months, 19 days active service; and 8 months, 16 days prior inactive service.

On 3 May 87, the applicant was furnished an honorable discharge from the Army National Guard of the United States, and was credited with 1 year, 1 month, 18 days active service; 5 years, 10 months, 19 days prior active service; and 2 years, 5 months, 3 days prior inactive service.

On 28 Feb 97, the applicant was furnished an honorable discharge from the Army National Guard, and was credited with 11 years, 4 months, 4 days service; 5 years, 10 months, 19 days prior active federal service; and 19 years, 3 months, 4 days total service for pay.

On 17 Sep 97, the applicant was furnished an honorable discharge from the Air National Guard, with Authority and Reason:  AFI 36-3209, Para 3.12.4.3. Transfer ANG Another State, and was credited with 6 months, 17 days service; 13 years, 4 months, 17 days prior reserve component service; 5 years, 10 months, 19 days prior active federal service; and 19 years, 9 months, 23 days total service for pay.

On 31 Jul 99, the applicant was furnished an honorable discharge from the Air National Guard, with Authority and Reason:  AFI 36-3209, Para 3.12.6. Retirement, and was credited with 1 year, 10 months, 13 days service; 13 years, 11 months, 4 days prior reserve component service; 5 years, 10 months, 19 days prior active federal service; and 21 years, 8 months, 6 days total service for pay.

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 partially granting the application.  After review of the applicant’s record, it was determined she qualifies for a partial correction to NGB Form 22, Item 10c.  Her DD Form 214, Certificate of Release or Discharge from Active Duty, effective 3 May 87, supports her statement that she served 7 years, 7 days on active duty with the Army National Guard.  However, she does not qualify for correction to item 10d., as this date is calculated based on her initial entry into the United States Armed Forces, with pay date 25 Nov 77, and final separation date of 31 Jul 99, the difference being 21 years, 8 months, 6 days.  This includes her service in the Army National Guard from 25 Nov 77 to 28 Feb 97.

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 6 Apr 22 for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATION

ARPC/DPTS provided a corrected advisory that recommends denying the application as there is no substantiating documentation or proof of an error or injustice.  After review of the applicant’s record, it was determined she does not qualify for correction to her NGB Form 22.  The determination was based on the fact the applicant’s active service reflected the DD Form 214, effective 3 May 87, was served with the Army National Guard.  According to Air National Guard Instruction (ANGI) 36-3201, Air National Guard Separations Documents, paragraph 1.3.2.7, Block 10c “Prior Federal Active Service, does not qualify as federal active duty service. Moreover, she does not qualify for correction to item 10d., as this date is calculated based on her initial entry into the United States Armed Forces, with pay date 25 Nov 77, and final separation date of 31 Jul 99, the difference being 21 years, 8 months, 6 days.  This includes her service in the Army National Guard from 25 Nov 77 to 28 Feb 97.

The complete corrected advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION

The Board sent a copy of the corrected advisory opinion to the applicant on 9 May 22 for comment (Exhibit F), 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 ARPC/DPTS and finds a preponderance of the evidence does not substantiate the applicant’s contentions.    The service dates reflected on the applicant’s NGB Form 22, Blocks 10c and 10d, are accurate and in accordance with ANGI 36-3201.  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-2021-03212 in Executive Session on 21 Jul 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/atchs, dated 25 May 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPTS, w/atchs, dated 3 Apr 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 6 Apr 22.
Exhibit E:	Corrected Advisory Opinion, ARPC/DPTS, w/atchs, dated 5 May 22.
Exhibit F:	Notification of Additional Advisory, SAF/MRBC to Applicant, dated 9 May 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.