RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01913
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code of 2X (First-term,
second-term or career airman considered but not selected for
reenlistment under the Selective Reenlistment Program) be
changed so he may reenter the military.
APPLICANT CONTENDS THAT:
He was discharged for failing his Career Development Course
(CDC) tests; however, at that time, he was distracted from
preparing for testing because his pregnant wife got into a car
accident. He further contends he can prove his ability to now
pass CDC tests due to the fact hes maintained a 4.0 grade point
average at two vocational schools and has earned his Airframe
and Powerplant (A&P) license.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 11 Mar 93, the applicant initially entered the Regular Air
Force.
On 10 Mar 97, the applicant was separated upon completion of
required active service, with an honorable character of service,
an RE code of 2X, and was credited with four years of active
service.
On 22 Sep 00, the applicant was honorably discharged from the
Air Force Reserve.
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/DPSOA recommends denial, indicating there is no evidence of
an error or an injustice. In accordance with AFI 36-2606,
Reenlistment in the USAF, commanders have selective reenlistment
selection or non-selection authority. The Selective
Reenlistment Program (SRP) considers the members Enlisted
Performance Report (EPR) ratings, Unfavorable Information from
any substantiated source, the airman's willingness to comply
with Air Force standards and/or the airman's ability (or lack
thereof) to meet required training and duty performance levels.
While the applicants AF Form 418, Selective Reenlistment
Program Consideration, non-selecting him for reenlistment could
not be found in his personnel record, nor was one provided by
the applicant, his official record had indicators of substandard
performance that would provide his commander the justification
to non-select him for reenlistment. Specifically, the referral
AF Form 910, Enlisted Performance Report, ending 10 Nov 95,
states the applicant could not grasp many technical principles
of his primary duties and failed his CDC tests twice.
Additionally, the applicants lack of progression in rank is
another indicator his performance may not have been to the
acceptable standard to obtain his commanders recommendation for
reenlistment. Normally, an E-3/A1C is promoted to E-4/SrA at
three years of service. Based on the applicants date of rank
of 11 Jul 94, it appears he was not promoted with his peers and
there is no documentation of a demotion in his record.
A complete copy of the AFPC/DPSOA 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 27 Oct 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:
After careful consideration of applicants request and the
available evidence of record, we find the application untimely.
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. 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-2014-01913 in Executive Session on 28 Jan 15 under the
provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-01913 was considered:
Exhibit A. DD Form 149, dated 30 Apr 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOA, dated 18 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 27 Oct 14.
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