RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01650
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
1. His reason for discharge from the Air Force Reserve be changed.
2. His reserve order and DD Form 256AF, Honorable Discharge
Certificate, be changed to remove the statement DISCHARGED PRIOR
TO ETS FOR THE CONVENIENCE OF THE GOVERNMENT.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The correct reason for his discharge was because the Air Force
could not guarantee him one of three jobs he specifically requested
after testing. He has never had criminal charges pending against
him and has had five security background checks within the last
three years in addition to the checks done over the course of his
lifetime. His father retired from the Air Force and was assigned
as an Air Force Recruiter at the time of his enlistment. He never
received copies of his discharge papers and now demands his records
be updated and corrected as soon as possible.
In support of his request, the applicant provides a copy of a
letter from the commander of the recruiting detachment, a copy of
his Reserve orders, a copy of a letter from the National Personnel
Records Center, a personal statement, and a copy of his Background
Report.
His complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from
the applicants military records, are contained in the letter
prepared by the appropriate office of the Air Force. Accordingly,
there is no need to recite these facts in this Record of
Proceedings.
___________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. DPP states the member was found to be
disqualified for enlistment based on criminal charges pending
against him. The commanders letter is the only document received
that indicates there were pending criminal charges against the
applicant. However, DPP notes the DD Form 256AF does not contain
the discharge statement the he would like removed. Although the
applicant provided a copy of his Background Report from Florida
State, DPP notes that he was discharged for pending charges in
accordance with the laws in effect at the time.
The ARPC/DPP complete evaluation, with attachments, is at Exhibit
B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 4 Jun 10 for review and comment within 30 days. As of this
date, this office has received no response.
___________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD
We have carefully reviewed the applicants submission and the
evidence of record and do not find a sufficient basis to excuse the
untimely filing of this application. The 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, Air Force Board for
Correction of Military Records. The 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 untimely filing of this
application.
___________________________________________________________________
DECISION OF THE BOARD:
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-2010-01650 in Executive Session on 26 Jan 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Apr 10, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 20 May 10.
Exhibit C. Letter, SAF/MRBR, dated 4 Jun 10.
Panel Chair
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