RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-02925

XXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct her DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect her total years of service as 21 years, 1 months, 13 days, vice 20 years, 10 days.

APPLICANT’S CONTENTIONS

She should get credit for all the time she served in the United States Air Force.  She enlisted on 16 Jul 71 and retired on 1 Aug 92.  She was told once a DD Form 214 was done, no changes could be made.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

According to Report on Individual Personnel, dated 3 Jun 92, the applicant’s Extended Active Duty (EAD) Date and Total Active Federal Military Service (TAFMS) Date is 16 Jul 71.

On 31 Jul 92, according to Special Orders No. XXXXX, dated 21 Feb 92, the applicant was relieved from active duty, organization, and station of assignment, and retired effective 1 Aug 92, with 21 years, 1 month, 13 days service for basic pay, and 21 years, 15 days active service for retirement.

On 31 Jul 92, the applicant was furnished an honorable discharge, with Narrative Reason for Separation:  Voluntary – Retirement for Years of Service Established by Law, and credited with 21 years, 15 days active service.

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

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application.  Based upon review of the applicant’s request and the master personnel record, there is no error or injustice.  The applicant states her DD Form 214 reflects 20 years, 10 days of service; however, there is no such entry on the document.  Block 11, Primary Specialty, shows she served a total of 20 years, 10 months in her Air Force Specialty Code (AFSC).  This information is always less than total active time because the service member has no AFSC during time spent in Basic Military Training and Technical Training.  

Furthermore, calculation of the combined blocks 12c, Net Active Service This Period, and 12d, Total Prior Active Service, of the DD Form 214, determine the applicant’s total active time served for retirement to be 21 years, 15 days.  Her retirement orders, under Active Service for Retirement, confirm this information.

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 1 Mar 22 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/DP2SSR and finds a preponderance of the evidence does not substantiate the applicant’s contentions.   The applicant’s DD Form 214 correctly reflects 21 years, 15 days active service for retirement.  Total service for basic pay is 21 years, 1 month, 13 days when the applicant’s 28 days of inactive service, also reflected on the DD Form 214, are included in the calculation.  The service totals on the applicant’s final DD Form 214, dated 31 Jul 92, are a culmination of data from all DD Forms 214 issued to the applicant; copies of these earlier documents may be requested via the National Personnel Records Center.  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.

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-2021-02925 in Executive Session on 19 May 22:

, 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 19 Aug 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSR, dated 1 Mar 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 1 Mar 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.