RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04801
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Separation Designator (SPD) code of JFY (Adjustment Disorder) on his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected.
________________________________________________________________
APPLICANT CONTENDS THAT:
The SPD code of JFY is an Entry Level Separation code is incorrect. He was discharged for a mental health condition, and he doesnt feel he should be considered at an entry-level having served 2 years, 4 months, and 26 days of active duty.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 1 Jun 05.
On 26 Oct 07, the applicant was furnished an Honorable discharge, with a narrative reason for separation being adjustment disorder, having served 2 years, 4 months, and 26 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.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial, indicating there is no evidence of an error or injustice. While the applicant is of the belief that the current SPD code on his DD Form 214 reflects Entry-Level Separation, the SPD code "JFY" is reflective of a discharge for "Adjustment Disorder;" therefore, item 26 on the DD Form 214 is correct. The narrative reason for separation that is currently listed on his DD Form 214 states "Adjustment Disorder;" therefore, item 28 on the DD Form 214 is correct.
A complete copy of the AFPC/DPSOS 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 20 May 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
________________________________________________________________
THE BOARD CONCLUDES THAT:
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 (U.S.C.), §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-2013-04801 in Executive Session on 21 Aug 14, under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04801 was considered:
Exhibit A. DD Form 149, dated 1 Oct 13.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSOS, dated 9 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 20 May 14.
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