RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01573

xxxxxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be updated to show he is 90 percent disabled.

APPLICANT’S CONTENTIONS

The Department of Veterans Affairs (DVA) rated him as 90 percent disabled and needs to be annotated on his DD Form 214 to show his service history and level of disability.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve senior master sergeant (E-8). 

On 1 Mar 88, DD Form 214, Certificate of Release or Discharge from Active Duty, reflects the applicant was honorably discharged in the grade of senior airman (E-4) after serving 3 years, 10 months and 20 days of active duty.  He was discharged, with a narrative reason for separation of “Early Separation Program – Strength Reduction.”

Dated 16 Nov 10, Reserve Order XXXXX, indicates the applicant was placed on the Reserve Retired List effective 30 May 11.

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, finding no error or injustice.  Per AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), Table 2, Rule 3 and 4, Department of Defense (DoD) disability ratings are not annotated on a member’s DD Form 214.  Furthermore, the applicant does not have a disability retirement from the Air Force and does not meet the eligibility criteria.  To qualify for a medical retirement, a member must have a Permanent or Temporary Disability retirement order from the Air Force Personnel Center (AFPC) Causalities office and must serve one day or more on active duty, including their effective date of separation.  The applicant’s existing retirement order makes no reference to medical retirement or a percentage disability rating.  

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 26 Oct 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 AFPC/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).  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.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2021-01573 in Executive Session on 15 Dec 21:

, 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/atch, dated 14 Feb 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPTS, w/atch, dated 12 Aug 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 26 Oct 21.

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.