RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-00689

XXXXXXXXXXXXX	COUNSEL:  NONE

	HEARING REQUESTED:  NO	

APPLICANT’S REQUEST

He be issued a DD Form 214, Certificate of Release or Discharge from Active Duty, reflecting his entire period of service in the Air Force Reserve (AFR).

APPLICANT’S CONTENTIONS

He was not issued a DD Form 214 when he was discharged in 2006.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force Reserve airman (E-2).

On 16 June 2000, the applicant enlisted in the AFR for a period of 6 years, and on 26 July 2000, he was ordered to Initial Active Duty Training (IADT).  On 4 April 2001, he was released from active duty and furnished a DD Form 214 with credit for 8 months and 9 days of active duty service.

On 15 June 2006, according to Reserve Order XXXXX, dated 26 Jul 2006, 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.

APPLICABLE AUTHORITY/GUIDANCE

Title 10, United States Code, Section 1168: Discharge or release from active duty: limitation; DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); DD Form 214 Total Force Personnel Services Delivery Guide.  The DD Form 214 is prepared in accordance with the aforementioned publications and is used to record qualifying active duty service.  

Air Reserve Component (ARC) members on continuous active duty for 90 calendar days or more will be issued a DD Form 214.  A DD Form 214 may also be issued to ARC members for completion of less than 90 continuous calendar days of active duty for the following reasons: (1) completion of IADT regardless of length of time; (2) ordered or called to active duty for support of DoD named Contingency Operation for 30 days or more; (3) or separating for cause (for ARC Airman). 

AIR FORCE EVALUATION

ARPC/DPTS recommends denying the application.  In accordance with AFI 36-3202, to be eligible for a DD Form 214, Air National Guard and AFR members must have completed 90 consecutive days or more of active duty service or 30 days or more of active service in support of a named contingency operation.  After careful review of the applicant’s military record, they were unable to verify qualifying service through 2006.   

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 16 April 2021 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 ARPC/DPTS and finds a preponderance of the evidence does not substantiate the applicant’s contentions. The Board notes the applicant completed satisfactory service in the Air Force Reserve; however, his entire period of service does not meet the criteria of continuous active duty, qualifying for a DD Form 214.  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-2021-00689 in Executive Session on 2 December 2021:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 16 March 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPTS, w/atchs, dated 5 April 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 16 April 2021.
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.