So, we are in the same situation. Submitted the original application in November 2014. Received the official correspondence, dated December 16, 2014, that said it was "in the cue." Received our advisory opinions, dated October 27, 2015. The person in charge of sending out correspondence, however, mis-mailed our letter, and we didn't get it until our 30-day window to respond was nearly expired, so we asked for an extension via email (we also needed more time because a FOIA request went unanswered, for like 3 months, and we were waiting for it, as it helped prove our point). Reopened our case and submitted our response to the March 2, 2016. My husband wanted to clarify that they did, indeed, have our correct address on file, and he received this canned response: "Your request is currently undergoing active consideration by the AFBCMR. Because of a number of unpredictable variables and a fluctuating workload, we cannot predict when a particular case will be decided. We can assure you, however, that the Board will process your application as quickly as possible and give it full and fair consideration. You should know that in accordance with our governing statute (10 USC 1557); the AFBCMR must adjudicate 90 percent of its cases within ten months but may take up to 18 months from the date an application was received to render a final decision."
So, we waited. If you calculate the 18 months from December 16, 2014 (date BCMR acknowledged receipt), that would put it at 21 months as of September 16, 2016; subtract the 3 months+1 week we had our case on hold, and that puts it at 18 months as of September 23, 2016. So, we wrote to the generic email once this deadline had passed with no word, and just heard back. But this time they wrote this (slightly edited) canned response:
"Your request is currently undergoing active consideration by the AFBCMR. Because of a number of unpredictable variables and a fluctuating workload, we cannot predict when a particular case will be decided. We can assure you, however, that the Board will process your application as quickly as possible and give it full and fair consideration. You should know that in accordance with our governing statute (10 USC 1557); the AFBCMR must adjudicate 90 percent of its cases within ten months but may take up to 18 months from the date YOUR APPLICATION WAS REOPENED to render a final decision (emphasis added).
So, now their story is that they actually get a total of up to 36 months to render a decision? Seems like they only changed it because we called them on already missing the suspense? My reading of that law is that it is from the time they received the initial application. Is this a bull$(#& and do you think we should we write to our senator, as well?
So, we waited. If you calculate the 18 months from December 16, 2014 (date BCMR acknowledged receipt), that would put it at 21 months as of September 16, 2016; subtract the 3 months+1 week we had our case on hold, and that puts it at 18 months as of September 23, 2016. So, we wrote to the generic email once this deadline had passed with no word, and just heard back. But this time they wrote this (slightly edited) canned response:
"Your request is currently undergoing active consideration by the AFBCMR. Because of a number of unpredictable variables and a fluctuating workload, we cannot predict when a particular case will be decided. We can assure you, however, that the Board will process your application as quickly as possible and give it full and fair consideration. You should know that in accordance with our governing statute (10 USC 1557); the AFBCMR must adjudicate 90 percent of its cases within ten months but may take up to 18 months from the date YOUR APPLICATION WAS REOPENED to render a final decision (emphasis added).
So, now their story is that they actually get a total of up to 36 months to render a decision? Seems like they only changed it because we called them on already missing the suspense? My reading of that law is that it is from the time they received the initial application. Is this a bull$(#& and do you think we should we write to our senator, as well?