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AF | BCMR | CY2014 | BC 2014 00905
Original file (BC 2014 00905.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00905

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, Block 28, Narrative Reason for Separation, be corrected to 
reflect “Reduction in Force”.


APPLICANT CONTENDS THAT:

His DD Form 214 does not accurately reflect the reason for his 
separation.  This error is impacting his ability to receive 
benefits from the Department of Veterans Affairs (DVA). 

In support of his request, the applicant has submitted a copy of 
his DD Form 214, AF Form 100, Separation Order and a DVA 
information sheet. 

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 18 Jul 
90.

On 20 May 92, the applicant was furnished an Honorable 
discharge, and was credited with 1 year, 10 months, and 3 days 
of active service.  The narrative reason for separation reflects 
Voluntary: Miscellaneous Reasons.  

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial indicating there is no evidence of 
an error or an injustice.  There is no documentation in the 
applicant’s personnel record to review regarding the separation 
process.  Absent any documentation, based on the presumption of 
regularity, the applicant submitted a request for separation 
under the provisions of AFR 39-10, Miscellaneous Reason, using 
the AF Form 31.  

The applicant has not submitted a timely application.  It has 
been 22 years since the applicant separated.  In those years, 
the applicant’s personnel record has become absent of 
documentation.  The applicant failed to explain why the alleged 
error or injustice was not addressed within the three years from 
date of discovery.  

Individuals applying to separate prior to fulfilling their 
Active Duty Service Commitment (ADSC) would have been required 
to voluntarily apply under Miscellaneous/General Reasons.  They 
would also been released from active duty service into the 
United States Air Force Reserve to finish fulfilling the 
remainder of their service obligation.  This is evident by items 
6 and 9 of the applicant’s DD Form 214.  Upon separation, the 
applicant maintained a service obligation through 17 Jul 98.

Based on the presumption of regularity, the Separation 
Processing Designation code, narrative reason for separation and 
character of service was appropriately administered and within 
the discretion of the discharge authority.    

A complete copy of the AFPC/DPSOR 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 22 Sep 14 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


FINDINGS AND CONCLUSIONS OF THE BOARD:

1.  The application was not filed within three years after the 
alleged error or injustice was discovered, or could have been 
discovered, as required by Section 1552, Title 10, United States 
Code (10 USC 1552), and Air Force Instruction 36-2603.  Although 
the applicant asserts a date of discovery which would, if 
correct, make the application timely, the essential facts which 
gave rise to the application were known to applicant long before 
the asserted date of discovery.  Knowledge of those facts 
constituted the date of discovery and the beginning of the 
three-year period for filing.  Thus, the application is 
untimely.

2.  Paragraph b of 10 USC 1552 permits us, in our discretion, to 
excuse untimely filing in the interest of justice.  We have 
carefully reviewed applicant's submission and the entire record, 
and we do not find a sufficient basis to excuse the untimely 
filing of this application.  The applicant has not shown a 
plausible reason for delay in filing, and we are not persuaded 
that the record raises issues of error or injustice that require 
resolution on the merits at this time.  Accordingly, we conclude 
that it would not be in the interest of justice to excuse the 
untimely filing of the application.


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-2014-00905 in Executive Session on 26 Feb 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 27 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 16 Apr 14.
	Exhibit D.  Letter, SAF/MRBR, dated 22 Sep 14.

						






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