RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-01373

XXXXXXXXXXXXX	COUNSEL:  NONE
	
 	HEARING REQUESTED:  NO	

APPLICANT’S REQUEST

Her DD Form 214, Certificate of Release or Discharge from Active Duty, issued 28 August 2014, be amended to reflect her total amount of active service as 20 years, 8 months, and 28 days.

APPLICANT’S CONTENTIONS

She served four periods of active duty between 1979 and 2014.  Her final DD Form 214 does not reflect the period of active duty she served in the United States Coast Guard (USCG) from                   1979 to 1983.  Because her DD Form 214 does not reflect that she served more than 20 years of active duty, she is not receiving payments from the Department of Veterans Affairs (DVA) for her 90 percent service-connected disability.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force major (O-4).

On 8 September 1983, the applicant was furnished an honorable discharge for the period 9 October 1979 to 8 September 1983, and credited with 3 years and 11 months of active service.

On 8 September 1991, she was furnished an honorable discharge for the period 9 September 1987 to 8 September 1991, and credited with four years of active service.

On 3 July 1998, the applicant was furnished an honorable discharge for the period 4 July 1993 to 3 July 1998, and credited with five years of active service.

On 28 August 2014, she was furnished an honorable discharge for the period 31 October 2009 to 28 August 2014 with a narrative reason for separation of “Disability, Temporary.”  She was credited with 19 years, 1 month, and 9 days of active service. 

On 29 August 2014, according to Special Order ACD-XXXX, dated 17 June 2014, the applicant was placed on the Temporary Disability Retired List (TDRL) with a compensable percentage of 80 percent for physical disability.  

On 4 January 2016, according to Special Order ACD-XXXXX, dated 15 December 2015, she was removed from TDRL and permanently retired.

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

AIR FORCE EVALUATION

AFPC/DP2LT recommends denying the application.  A review of the applicant’s record shows she had four separate periods of active duty service.  She served in the USCG from 9 October 1979 through 8 September 1983, for 3 years, 11 months.  On 9 September 1987, she entered extended active duty (EAD) as a Reserve of the Air Force officer for a period of 4 years.  On      4 July 1993, she again entered EAD for a period of 5 years.  Her last period of active duty service was from    31 October 2009 through 28 August 2014 for 4 years, 9 months, and 28 days.   Her combined active duty service is 17 years, 8 months, and 28 days.  The applicant had several periods of Reserve service in between the active duty periods, during which she accumulated 6 months, and 7 days of active duty service.  When added together, her combined total of active duty service is 18 years, 3 months, and 5 days.  An error was discovered in the applicant’s record, erroneously crediting her with 304 days of additional active duty service during the year 4 May 1993 to 3 May 1994.  As a result, her total active military federal service date was erroneously established as 20 July 1995 versus 24 May 1996.  The applicant’s USCG active duty service is documented on her DD Form 214 issued 28 August 2014, in item 12d Total Prior Active Service; however, she was credited with more active duty service than served.   

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 10 June 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 AFPC/DP2LT and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant contends she served four separate periods of active duty totaling more than 20 years, but her final DD Form 214 does not reflect the period she served in the USCG.  However, evidence indicates she was credited with all applicable periods of active duty and permanently retired due to physical disability with less than 20 years of combined active service. 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-2021-01373 in Executive Session on 23 November 2021:

, Chair, AFBCMR 
, 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 11 January 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2LT, w/atchs, dated 10 June 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 10 June 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.