RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02576
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. The narrative reason for separation (Fraudulent entry into Military
Service/Drug Abuse) be changed on his DD Form 214, Certificate of Release
or Discharge from Active Duty to allow him to enter the Army.
2. He receive service credit for 24 days of active service.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was honest when asked about his past drug use and was allowed to enter
the military. He passed the first drug test and failed the second test.
In support of his request, the applicant provides a copy of his DD Form
214.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application 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:
AFPC/DPSOS reviewed this application and recommends denial. DPSOS states
Airmen are given an entry level separation with uncharacterized service
characterization when separation is initiated with the first 180 days of
continuous active service. It was determined by the Department of Defense
(DOD) that if a member served less than 180 days of continuous active
service, it would be unfair to the member and the service to characterize
their limited service. In addition, the discharge was consistent with the
procedural and substantive requirements of the discharge instruction and
was within the discretion of the discharge authority. The applicant has
not submitted any evidence or identified any errors or injustices that
occurred in the discharge processing. He provided no fact to warrant a
change to his discharge. Furthermore, the governing instruction notes time
spent in an enlistment that is determined to be fraudulent and has been
specifically terminated by reason of fraud is not creditable service and
will not be entered on the DD Form 214.
The complete DPSOS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 17 Dec 10, copies of the Air Force evaluations were forwarded to
applicant for review and comment within 30 days. To date, a response has
not been received (Exhibit E).
_________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
We have carefully reviewed the applicant’s 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 Docket Number BC-2010-02576
in Executive Session on 1 Mar 11, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Jun 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS dated 17 Nov 10.
Exhibit D. Letter, SAF/MRBR, dated 17 Dec 10.
Panel Chair
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