RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00611

XXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  YES

APPLICANT’S REQUEST

Correct his DD Form 214, Certificate of Release or Discharge from Active Duty, Block 18. Remarks, to delete “Member has not completed first full term of service.”  Additionally, the DD Form 214 does not have a Character of Service section [DD Form 214, Member-1].

APPLICANT’S CONTENTIONS

This is an incorrect statement as he has an Honorable Discharge Certificate (DD Form 256) stating he completed all requirements as of 20 Jan 01.  He spent seven years serving his country, doing everything that was asked of him.  He served honorably and would like to enroll in the Veterans Affairs system.  The remarks in Block 18 are preventing his enrollment and benefits he may be entitled to receive as an honorably discharged veteran.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force Reserve staff sergeant (E-5).

On 30 Sep 94, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant enlisted in the Air Force Reserve for a period of six years.

On 6 Apr 95, according to DD Form 214, the applicant was furnished an honorable discharge from active duty, with Narrative Reason for Separation: Completion of Initial Active Duty Training. He was credited with 3 months and 3 days of active service.

On 4 Jan 97, according to DD Form 214, the applicant was furnished an honorable discharge from active duty, with Narrative Reason for Separation: Completion of Required Active Service. He was credited with 3 months and  2 days of active service.

On 20 Jan 01, according to DD Form 256 AF, Honorable Discharge Certificate, provided by the applicant, he was honorably discharged from the Air Force Reserve.

On 22 Jan 01, according to the Military Personnel Data System, the applicant reenlisted in the Air Force Reserve for a term of two years.

On 21 Jan 03, according to Reserve Order XXXX, dated 23 Feb 03, the applicant was honorably discharged from the Air Force Reserve.

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

APPLICABLE AUTHORITY/GUIDANCE

In accordance with Air Force Instruction (AFI) 36-3202, Separation Documents:

Table 4. How to Prepare DD Form 214.

Rule 41. First Term of Service.  Determine initial term of service by the initial enlistment contract for airman.  This can usually be determined by the category of enlistment.  For officer use the initial active duty service commitment.  Example:  Member (has) (has not) completed first full term of service.

Section D – Distributing Separation Documents:

Paragraph 10.1. Because the DD Form 214 is the document that separates a member from the Air Force (Title 10, U.S.C., section 1168 and paragraph 14), or Air Reserve Component members, you must not issue it before the date of separation. Treat the DD Form 214 Worksheet the same as the DD Form 214.  Hand the original DD Form 214 and copy 4 to the separating member before he or she leaves the separation facility on either the date that separation from active duty is effective, or the date when authorized travel time starts for a Reserve member reverting to inactive status.
10.1.1. Have the member initial DD Form 214, item 30, for receipt of copy 4.
10.1.2. Explain to members that copy 4:
10.1.2.1. Is valuable as an official record.
10.1.2.2. Shows their service characterization, their eligibility for reenlistment, and
the reason for their separation.
10.1.2.3. Shows information the Department of Veterans' Affairs and state unemployment offices need in order to determine their eligibility for benefits based on their military service. Members who do not have copy 4 must wait for their eligibility to be verified.

AIR FORCE EVALUATION

ARPC/DPTS recommends denying the application.  There is no substantiating documentation or proof of an error or injustice within his military record for the requested correction.  The applicant’s DD Form 4 reflects his enlistment date of 30 Sep 94.  At the time of the 4 Jan 97 close out date of the applicant’s DD Form 214, he had not completed his initial six-year enlistment period.

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 12 May 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 recommendation of ARPC/DPTS and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  At the time the DD Form 214 was issued, the applicant had not completed his first full term of service.  Additionally, the service characterization is found on the Member-4 copy of the DD Form 214, provided to the member after discharge from active duty.  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.

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-2022-00611 in Executive Session on 20 Oct 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 9 Feb 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPTS, w/atch, dated 3 May 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 12 May 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.