RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01171

XXXXXXXX	COUNSEL: XXXXX
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, Section 18, Remarks, be updated to reflect the following:  Called to Active Duty pursuant to 10 USC 12301 (d).

APPLICANT’S CONTENTIONS

His DD Form 214 needs to be updated reflect that he was called to Active Duty pursuant to 10 USC 12301 (d) as it is important for the calculation of Reduced Retired Pay Age (RRPA). 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force Reserve (AFR) major (O-4).

On 19 Sep 19, according to his DD Form 214, dated 19 Sep 19, the applicant was honorably separated from the Regular Air Force (REGAF).  He was credited with 11 years and 25 days of active service.

On 20 Sep 19, according to Reserve Order XXXXX, dated 20 Sep 19, the applicant was appointed as a Reserve of the Air Force.

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

APPLICABLE AUTHORITY/GUIDANCE

Title 10, United States Code, Section 1168: Discharge or release from active duty: limitation; DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); DD Form 214 Total Force Personnel Services Delivery Guide.  The DD Form 214 is prepared in accordance with the aforementioned publications and is used to record qualifying active duty service.  

AFI 36-3202, 1.1.1. The DD Form 214/5 is the document that separates an Airman from the REGAF (10 USC § 1168, Discharge or Release from Active Duty: limitations) or Air Reserve Component Airmen from active duty. It 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.

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the applicant’s request that his DD Form 214, Section 18, Remarks, be changed to reflect he was “called to active duty in accordance with 10 USC 12301 (d).”  The applicant separated from the REGAF with an honorable service characterization.  The law, 10 USC 12301, Reserve components generally, paragraph (d), that the applicant is referencing is specific to members of the Reserve components, and states that at any time, an authority designated by the Secretary concerned may order a member of a reserve component under his jurisdiction to active duty, or retain him on active duty, with the consent of that member.  However, this does not apply as the applicant was a REGAF officer on active duty and separated from the service. There is no error or injustice in the preparation of his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 19 Sep 19.

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 13 May 22 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was 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.  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-2022-01171 in Executive Session on 22 Jun 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 21 Apr 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSR, w/atchs, dated 9 May 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 13 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.