RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01497

XXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

1. He be issued a DD Form 214, Certificate of Release or Discharge from Active Duty, for his time in the Air Force Reserve (AFR) and the Air Force Reserve Officer Training Corps (AFROTC).

2. His AFROTC records be recreated to document his service.

APPLICANT’S CONTENTIONS

He incurred a service connected disability during a period of active duty training. His injury was then aggravated during inactive duty training and the injury led to his discharge. He was provided a DD Form 256, Honorable Discharge Certificate; however, he never received a DD Form 214.

He provides an affidavit from a former lieutenant colonel (O-5) stating he signed the contract enlisting him in the rank of airman first class (E-3) into the Air Force Reserve. He also provides a letter of support stating it is plausible his AFROTC detachment did not properly submit his AFROTC records for retention in accordance with AFMAN 33-363, Management of Records, and the Air Force Records Information Management System (AFRIMS) or into the Automated Records Management System (ARMS).

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former AFROTC student.

The applicant provides DD Form 785, Record of Disenrollment from Officer Candidate-Type Training, dated 14 Apr 08, showing he entered the AFROTC program on 26 Aug 06 and was disenrolled on 16 Apr 08. The disenrollment was for medical disqualification in accordance with
AFI 36-2011, Cadet Operations, and AFROTCI 36-2015, Commissioning Education.  It stated the applicant failed to meet medical accession standards by reason of history of implantable cardioverter defibrillator for ventricular tachycardia.

For more information, see the advisory at Exhibit B.

APPLICABLE AUTHORITY/GUIDANCE

AFI 36-2603, Air Force Board for Correction of Military Records, paragraph 3.4.4, states that applicants have the burden of proof for providing evidence in support of their claim. The applicant does not have any records in the automated records management system (ARMS).  

AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series, paragraph 1.1., The DD Form 214 provides an accurate and complete summation of active duty service at the time of transfer, release, discharge, or change of component or status while on active duty.

AFI 36-3202, paragraph 2.4.2, ARPC will provide DD Form 214 for Reserve component members
who are released from Title 10 orders covering a period of 90 days or more of non-contingency orders.  

AIR FORCE EVALUATION

ARPC/CCX states should the applicant have additional documentation verifying active duty service, it should be forwarded to ARPC for review of eligibility. If the applicant qualified for a DD Form 214, one can be issued by providing an administrative correction.

Per AFI 36-3202, Air Reserve Component (ARC) members must serve 90 continuous calendar days or more active duty (30 days continuous in support of a contingency or be ordered to active duty in support of a national emergency or war, regardless of length of time) to qualify for a DD
Form 214.

The complete advisory opinion is at Exhibit B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 15 Feb 22 for comment (Exhibit C), 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/CCX and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  In this respect, the Board notes the applicant requests he be provided a DD Form 214; however, he has provided insufficient evidence that he performed a qualifying period of active duty service for issuance of a DD Form 214 in accordance with AFI 36-3202.  The applicant also requests his AFROTC records be created; however, the Board, which serves on behalf of the Secretary of the Air Force, in the correction of military records, is not a records repository and is unable to recreate the applicant’s AFROTC records.  Moreover, based on the evidence provided, it appears the applicant does have in his possession the record of disenrollment and discharge certificate showing he was an AFROTC cadet.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, 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-2021-01497 in Executive Session on 6 Apr 22:

 , 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 21 Apr 21.
Exhibit B:	Advisory Opinion, ARPC/CCX, dated 13 Jan 22
Exhibit C:	Notification of Advisory, SAF/MRBC to Applicant, dated 15 Feb 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.