RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2022-01145

XXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO
 
APPLICANT’S REQUEST

Correct her DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect all of her service time in the United States Air Force.

APPLICANT’S CONTENTIONS

She served from 1 Apr 86, with a two-year gap in service, and is now retired.  She would like her DD Form 214 so she may obtain military service credit with the State Local Retirement Service and for her own record keeping.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve lieutenant colonel (O-5) in receipt of retired pay.

On 1 Apr 86, according to AF Form 133, Oath of Office (Military Personnel), provided by the applicant, she was commissioned as a Reserve of the Air Force, and appointed a second lieutenant (O-2) in the Nurse Corps.

On 24 Apr 91, the applicant was furnished an honorable discharge from active duty service, with Narrative Reason for Separation:  USAFR Member Released Due to Demobilization, and credited with 6 months and 6 days active service for this mobilization period. 

On 1 May 14, according to Reserve Order XXXX, dated 26 Feb 14, the applicant was relieved from current assignment, assigned to the Retired Reserve section, and placed on the USAF Reserve Retired List, and was eligible for retired pay except for attainment of eligibility age.

On 26 Jun 15, according to Reserve Order Number XXXX, dated 30 Mar 15, the applicant was authorized retired pay, and was placed on the USAF Retired List.

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.  According to Air Force Regulation 35-6, Separation Documents and General Separation Procedures, dated 28 Nov 80, if a member is being separated and the reason is completing 90 continuous calendar days or more active duty by an ANGUS or USAFR member, then a DD Form 214 is issued.  The applicant did not complete the required active duty time to qualify for a change in her DD Form 214 to begin on 1 Apr 86.  

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 15 Aug 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 ARPC/DPTS and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant did not meet the requirements of AFR 35-6 for issuance of a DD Form 214 beginning 1 Apr 86.  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-2022-01145 in Executive Session on 18 Nov 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 1 Apr 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPTS, w/atchs, dated 25 Jul 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 15 Aug 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.