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 applicants 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
applicants 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 applicants 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 applicants 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.
AF | BCMR | CY2014 | BC 2014 01762
APPLICANT CONTENDS THAT: She separated from the Air Force under the Fiscal Year 2007, Air Force - Force Shaping Limited Active Duty Service (LADSC) Waiver Program. 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. Consequently, the applicant...
AF | BCMR | CY2011 | BC-2010-02438
He receive service credit for the period following his medical retirement to the date of his return to active duty. The evidence of record indicates that he was medically qualified for continued active service at the time he was processed for an MEB. Had he known of the errors and injustices at the time of the MEB, he would not have agreed to the FPEB recommendation of medical retirement.
AF | BCMR | CY2014 | BC 2014 03367
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03367 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to change or remove the statement Member has not completed first full term of service. The applicant's net active service was only 9 months and 22 days at the time of her discharge and she was approved for early release from her...
AF | BCMR | CY2013 | BC 2013 04532
She was informed by the Air Reserve Personnel Center (ARPC) Education Office that her separation code needs to be changed to reflect COG so the DVA can consider her eligibility for the MGIB. She was advised that the DVA will only consider her application if her separation code is changed to COG. She voluntarily separated under the FY04 Force Shaping Program; was offered the MGIB prior to separating and wants to use the benefit she paid into. However, according to the DVA letter dated...
AF | BCMR | CY2014 | BC 2014 01261
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01261 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The narrative reason for his discharge on his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected from voluntary, miscellaneous reasons to Reduction in Force (RIF) to allow him to receive a certificate of eligibility for a home loan from the Department of Veterans Affairs (DVA). ...
AF | BCMR | CY2013 | BC 2013 03284
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03284 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His honorable discharge be changed to an honorable hardship discharge. On 22 Apr 92, the applicants commander concurred with the supervisors recommendation and non-selected the applicant for reenlistment. He discussed his family concerns and...
AF | BCMR | CY2014 | BC 2014 01026
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01026 COUNSEL: NONE INDICATED HEARING DESIRED: NO APPLICANT REQUESTS THAT: His narrative reason for separation be changed from Miscellaneous/General Reasons to Force Shaping. His records be corrected to reflect his Air Force Reserve Officer Training Corps (AFROTC) active duty service commitment (ADSC) was waived due to Force Shaping. On 28 April 2006, the applicant was...
AF | BCMR | CY2011 | BC-2011-04736
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04736 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: Her reason for separation (Air Force failure to fulfill enlistment agreement) be changed to a medical separation. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOR recommends denial of her...
AF | BCMR | CY2014 | BC 2014 00870
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00870 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 changed to reflect Reduction in Force at the convenience of the government. His DD Form 214 reflects the narrative reason for separation as Miscellaneous/General Reasons. The remaining relevant...
AF | BCMR | CY2014 | BC 2014 01538
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01538 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His separation code of KND, which denotes Miscellaneous/General Reasons, be changed. The Board should find it in the interest of justice to consider his untimely application because he wants to join the Air Force Reserves. AIR FORCE EVALUATION: AFPC/DPSOR recommends denial indicating there is no evidence of an...