RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01160

XXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His NGB Form 22, National Guard Bureau Report of Separation and Record of Service, be corrected as follows:

a.	Block 14, Highest Education Level Successfully Completed, be changed to reflect his college education.

b.	Block 22, Authority and Reason, be changed from “Hardship” to “Medical Separation.”

APPLICANT’S CONTENTIONS

He separated from the Air National Guard (ANG) around September 2017, however, he did not receive his NGB Form 22 until December 2018.  He should have been separated due to his medical issues while he was in the service.  He was separated due to hardship but this was a result of his mental health problems.  He also suffered from tinnitus, migraines, and lower back injuries.  The Department of Veterans Affairs (DVA) needs the corrected NGB Form 22.

In support of his request, the applicant provides a personal statement, his transcripts from Argosy University showing he earned his Bachelor of Arts degree in Liberal Arts on 20 Aug 14, and his DVA rating.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former ANG senior airman (E-4). 

On 15 August 2017, the applicant submitted a request for a hardship discharge from the XXXXX Air National Guard (ANG) because he accepted a job in XXXXX.  He stated the reason for the request was due to the costly, long commute, the balance of personal life with family, and fulltime work.  He intended to reenlist with the XXX ANG once his probationary period with the DVA was complete.
On 18 Sep 17, NGB Form 22, reflects the applicant was honorably discharged from the XXX ANG in the grade of senior airman (E-4) after serving eight years, five months, and three days of total reserve component service.  He was discharged, with a narrative reason for separation of “Hardship.”  Block 14 indicates his highest level of education as high school, 12 years.

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.  The determination was based on the lack of supporting documents and/or ARPC/DPTS not being the correct authority to authorize the requested changes.  Block 14, Highest Education Level Successfully Completed, indicates College years of “00.”  Based on provided documents by the applicant, HQ ARPC/DPTTS was unable to determine the validity of the transcripts provided to accumulate enough points to constitute at least 1 year of Higher Education at the time of the discharge.  Block 23, Authority and Reason, change from AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, paragraph 3.12.11, “Hardship” to “Medical Separation” is not recommended.   The applicant submitted the separation request in August 2017 under authority of AFI 36-3209, paragraph 3.12.11, requesting discharge due to hardship which was approved by the wing commander.  In order for a member to obtain a physical disqualification discharge per AFI 36-3209, paragraph 3.14, the appropriate surgeon has to certify the report of medical examination and other documentation.  Physical disqualification discharges are processed by the Air Force Personnel Center Disability Operations Branch (AFPC/DPFDD).

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 22 Nov 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 ARPC/DPTS and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  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-2021-01160 in Executive Session on 15 December 2021 and 23 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, w/atchs, dated 26 February 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPTS, w/atchs, dated 19 October 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 22 November 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.