RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03156
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
She receive federal service credit for employment at Fort Benjamin
Harrison, IN (1967 to 1969), the Veterans Affairs Hospital in
Cleveland, OH (1971 to 1975), and the Equal Opportunity Commission
(1976 to 1977).
APPLICANT CONTENDS THAT:
Her records have been lost and just recently found in a warehouse
in Puerto Rico. She submits an NGB Form 22, Report of Separation
and Record of Service, and a retirement order (EL-0685) and does
not know which document accurately reflects her retirement date.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 11 Jul 77, the applicant initially entered the Air National
Guard (ANG).
6 Dec 95, the applicant was notified of eligibility for retired
pay at age 60 for the completion of required years of service.
On 28 Nov 05, the applicant was relieved and retired, effective
7 Dec 05, and was credited with 20 years, 1 month, and 11 days of
active service.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
?
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial indicating there is no evidence of an
error or an injustice. While the applicant provides no evidence
of federal employment for the dates provided in her request (1967
to 1969; 1971 to 1975; and 1976 to 1977), the fact is federal
service cannot be documented on military service records. With
regards to the applicants request to confirm her retirement date,
her retirement date is 7 Dec 05; the date she turned 60 years old
and began drawing Reserve retired pay. No correction to the
record is recommended.
A complete copy of the ARPC/DPTT evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 19 Sep 14 for review and comment within 30 days (Exhibit D).
As of this date, no response has been received by this office.
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the
available evidence of record, we find the application untimely.
Applicant did not file within three years after the alleged error
or injustice was discovered as required by Title 10, United States
Code, Section 1552 and Air Force Instruction 36-2603. Applicant
has not shown a plausible reason for the delay in filing, and we
are not persuaded that the record raises issues of error or
injustice which require resolution on the merits. Thus, we cannot
conclude it would be in the interest of justice to excuse the
applicants failure to file in a timely manner.
THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the
interest of justice to waive the untimeliness. It is the decision
of the Board, therefore, to reject the application as untimely.
The following members of the Board considered AFBCMR Docket Number
BC-2014-03156 in Executive Session on 22 Apr 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-03156was considered:
Exhibit A. DD Form 149, dated 20 Jul 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/DPTT, dated 11 Sep 14.
Exhibit D. Letter, SAF/MRBR, dated 19 Sep 14.
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