RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04341
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her Reentry (RE) code of 2C with narrative reason for separation of unsatisfactory performance, be changed to give her an opportunity to reenter the military.
________________________________________________________________
APPLICANT CONTENDS THAT:
While in the service, she never received any non-judicial punishment or got in any trouble. She was discharged for washing out of technical school and told she could reenter the military after 24 months.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 6 Jul 04.
On 10 Mar 05, the discharge authority approved the applicants discharge.
On 21 Mar 05 the applicant was furnished an Honorable discharge under the provisions of Air Force Instruction (AFI) 36-3208, Administrative Separation of Airmen, Chapter 5, Section E, Paragraph 5.26.3, Unsatisfactory Performance for failure to progress in on-the-job training, and was credited with 8 months and 16 days of active service.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
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AIR FORCE EVALUATION
AFPC/DPSOA recommends denial indicating there is no evidence of an error or an injustice. The applicant received an RE code of 2C--"Involuntarily separated with an honorable discharge; or entry level separation without characterization of service" based on her involuntary discharge with honorable character of service. On 10 Mar 2005, the 81 TRG/CC directed applicant be discharge for unsatisfactory performance with an honorable character of service. The RE code 2C is the correct RE code based on applicant's involuntary discharge with honorable character of service.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.
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APPLICANTS REVIEW OF AIR FORCE EVALUATION
A copy of the Air Force evaluation was forwarded to the applicant on 6 Jan 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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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 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.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-04341 in Executive Session on 31 Jul 14, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Sep 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPOSA, dated 23 Oct 13.
Exhibit E. Letter, SAF/MRBR, dated 6 Jan 14
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