RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02231
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, Block 24 - Character of Service, be changed from
Uncharacterized to Honorable.
APPLICANT CONTENDS THAT:
His recruiter misrepresented relevant information to both
himself and personnel assigned to Lackland Air Force Base. He
served honorably while in basic training.
He signed up to serve his country and was prevented from doing
so through no fault of his own. He was fully prepared to
fulfill his obligations had he been given the chance.
In support of his request, the applicant provided a copy of his
DD Form 214 and a copy of a Request for Discharge Memorandum,
dated 28 Feb 00.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 26 Jan
00.
On 28 Feb 00, the applicant requested to be discharged from
active duty in accordance with AFI 36-3208, Administrative
Separation of Airmen, Chapter 3, Section B, paragraph 3.11. The
reason for his request was he had enlisted with a guaranteed job
in the Explosive Ordinance Disposal career field; however,
through no fault of his own, the Air Force could not classify
him into the guaranteed job he was promised and he did not
desire another job.
On 29 Feb 00, the separation authority approved the applicants
request.
On 1 Mar 00, the applicant was furnished an Uncharacterized
discharge, and was credited with 1 month and 6 days of active
service.
The applicants DD Form 214 reflects Type of Separation as Entry
Level, Character of Service as Uncharacterized, Separation Code
of KDS (no longer used), Reentry Code of 4M (Air Force breach of
enlistment/reenlistment agreement) and Narrative Reason for
Separation as Defective Enlistment Agreement.
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. Based on the documentation on file in
the master personnel records, the discharge was consistent with
the procedural and substantive requirements of the discharge
regulation.
The applicant enlisted in the Air Force with a guaranteed career
field of 3E8x1 (Explosive Ordinance Disposal). Through no fault
of his own, the Air Force was unable to classify him into his
guaranteed job. The applicant was provided the opportunity to
be reclassified, but declined and instead elected to separate.
The Department of Defense (DoD) determined if a member served
less than 180 days continuous active service, it would be unfair
to the member and the service to characterized their limited
service. Therefore, the Uncharacterized character of service on
his DD Form 214 is correct and in accordance with DoD and Air
Force instructions.
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 10 Nov 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-2014-02231 in Executive Session on 28 Apr 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02231 was considered:
Exhibit A. DD Form 149, dated 25 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 27 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 10 Nov 14.
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