RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04809
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
Her DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with her 22 May 95 separation, Block
12c., Net Active Service This Period, be changed to reflect
5 years, 1 month, and 10 days rather than 4 years, 6 months,
and 23 days.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
Her DD Form 214 does not reflect credit for her Delayed
Enlistment Program (DEP) service of one year. When she entered
the service she was told that her DEP would count as time in
service.
She was not out-processed properly. Her DD Form 214 was not
explained or discussed in any way and she did not have an
opportunity to preview it prior to discharge.
She did not realize that her time was miscalculated until it was
recently explained to her. Because of this she believes
timeliness should be waived.
In support of her appeal, the applicant provides a copy of her
DD Form 214.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 29 Oct 90, the applicant enlisted in the Regular Air Force
for a period of four years.
On 22 May 95, the applicant was discharged from active duty with
a reason for separation of weight control failure. She was
credited with 4 years, 6 months, and 23 days of active duty
service and 6 months and 17 days of prior inactive service.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIPV recommends denial. The applicant received full
credit for all of her service on her DD Form 214, Item 12c,
reflects 4 years 6 months 23 days Net Active Service this
Period. Item 12e reflects her DEP time as 6 months 17 days for
a total of 5 years 1 month 10 days.
The complete DPSIC evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 10 Jan 14 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the
available evidence of record, we find the application untimely.
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. 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 applicants failure to file in
a timely manner.
________________________________________________________________
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-2013-04809 in Executive Session on 19 Aug 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Sep 13, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIPV, dated 19 Dec 13.
Exhibit D. Letter, SAF/MRBR, dated 10 Jan 14.
2
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