RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05097
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The date of his discharge certificate be changed from 1 Sep 55 to 1 Aug 59, and his enlistment date should be 1 Aug 55.
APPLICANT CONTENDS THAT:
The date on his discharge certificate is wrong.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 2 Sep 55.
On 1 Sep 59, the applicant was furnished an Honorable discharge.
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:
ARPC/DPTS recommends denial indicating there is no evidence of an error or an injustice. The applicant provided a DD Form 256AF, Honorable Discharge Certificate, reflecting a discharge date of 1 Sep 55. This document was correct in that it reflected the date the applicant was discharged from his 5-month and 19-day delayed enlistment prior to entering active duty. While the application indicates his DD Form 214 was submitted as evidence, it was not attached to his application, and the National Personnel Records Center was unable to provide a copy. The applicant has not provided any documentation to show his enlistment date or date of separation (DOS) are incorrect in his records.
A complete copy of the ARPC/DPTS evaluation, with attachments, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 22 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. The 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. 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.
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-2013-05097 in Executive Session on 11 Sep 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Oct 13, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTS, dated 7 Feb 14, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 22 May 14.
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