RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01601
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Reentry (RE) code 2C (Involuntarily separated with an
honorable discharge; or entry level separation without
characterization of service.) be corrected to an eligible
reentry code for reenlistment.
APPLICANT CONTENDS THAT:
His record is unjust because his current reentry (RE) code does
not reflect his time in service. He was a good airman. He
served as a guidon bearer and met the thunderbolt fitness
standards.
He was informed he would be able to reenlist after six months
and has been unable. Only recently did he learn of the
Correction of Military Records process. He understands his
current age prevents him from serving in the Air Force; however,
if approved this change would facilitate his eligibility to
serve in the United States Navy or Marine Corps.
In support of his request, the applicant provided a medical
office visit summary dated 6 Dec 07 which states Previous
shoulder injury (torn labrum), resolved.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 27 Mar
07.
On 10 Oct 07, the applicant was notified of his commanders
intent to discharge him for erroneous enlistment under the
provisions of AFI 36-3208, Administrative Separation of Airmen,
Chapter 5, paragraph 5.14. The reason for this action was a
preexisting medical condition which would have prevented the
applicant from joining the Air Force. The applicant waived his
right to counsel and his right to submit a statement on his
behalf on the same date.
On 15 Oct 07, the Deputy Staff Judge Advocate noted no errors or
irregularities with the package.
On 23 Oct 07, the discharge authority approved the applicants
discharge with an Honorable characterization.
On 24 Oct 07, the applicant was furnished an honorable
discharge, and was credited with 6 months, and 28 days of active
service.
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 and
D.
AIR FORCE EVALUATION:
HQ AETC/SGPS recommends approval.
Based on the documentation on file in the applicants records,
this office finds the separation was done in accordance with
established policy and administrative procedures. From a
medical standpoint, if his injury has been treated and resolved
he may be eligible to apply through a recruiter to reenter
military service.
A complete copy of the HQ AETC/SGPS evaluation is at Exhibit C.
AFPC/DPSOA recommends denial indicating there is no evidence of
an error or an injustice.
The applicant does not provide any proof of an error or
injustice in reference to his RE code. The RE code 2C is
correct based on applicants involuntary discharge with a
honorable character of service.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 29 Sep 14 for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
THE BOARD CONCLUDES THAT:
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-2014-01601 in Executive Session on 16 Dec 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Apr 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, HQ AETC/SGPS, dated 6 May 14
Exhibit D. Memorandum, AFPC/DPSOA, dated 13 May 14.
Exhibit E. Letter, SAF/MRBR, dated 29 Sep 14.
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