RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02552
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 corrected to reflect an
Honorable discharge.
APPLICANT CONTENDS THAT:
He has a service connected medical disability and the Department
of Veteran Affairs (DVA) has rated his disability at 10%. The DVA
recognizes his characterization of service as honorable.
His service characterization of Uncharacterized on his DD Form
214 has prevented him from receiving school benefits. This error
has resulted in the applicant having to pay for school out of
pocket; which, he can no longer afford. In the interest of
justice, the Board should consider this application because the
implications of receiving an uncharacterized discharge were not
properly explained.
In support of his request, the applicant has provided a copy of
his DD Form 214 and a copy of a DVA Summary of Benefits letter,
dated 6 Feb 12.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 14 Oct
08.
On 4 Nov 08, the applicant was notified by his commander that he
was recommending him for discharge based on Erroneous Enlistment
in accordance with AFI 36-3208, Administrative Separation of
Airmen, Chapter 5, Section C, Defective Enlistment, paragraph
5.14. The applicant waived his right to consult counsel and his
right to submit statements on his behalf. The Staff Judge
Advocate reviewed the case and found it legally sufficient to
support separation.
On 5 Nov 08, the discharge authority approved an entry level
discharge based on a defective enlistment.
On 7 Nov 08, the applicant was furnished an Uncharacterized
discharge, and was credited with 24 days of active service.
The applicants DD Form 214 reflects his Type of Separation as
Entry Level Separation, Character of Service as
Uncharacterized and a Narrative Reason for Separation as Failed
Medical/Physical Procurement Standards.
The remaining relevant facts pertaining to this application are
contained in the memorandums prepared by the Air Force office of
primary responsibility (OPR), which are attached at Exhibits C and
D.
AIR FORCE EVALUATION:
HQ AETC/SGPS recommends approval. Based on the documentation on
file in the master personnel records, the discharge to include the
type of separation, separation code, narrative reason for
separation and character of service were appropriately
administered and within the discretion of the discharge authority.
As it is unclear if any cardiac issues were known prior to
entering the military, they could support the Board granting this
request.
A complete copy of the HQ AETC/SGPS evaluation is at Exhibit C.
AFPC/DPSOR recommends denial indicating there is no evidence of an
error or an injustice.
The medical authorities concluded that the applicant had a pre-
existing medical condition that would have precluded him from
enlisting in the Air Force had this condition been made know in
advance. Hence, both the commander and the discharge authority
correctly concluded that discharge was in order. The applicants
service characterization is also correct as reflected on his DD
Form 214. Airmen are given Entry-Level separation/Uncharacterized
service characterization when separation is initiated in the first
180 days continuous service.
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 characterize 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 D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 12 Nov 14 for review and comment within 30 days
(Exhibit E). 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-2014-02552 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-2014-02552 was considered:
Exhibit A. DD Form 149, dated 1 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, HQ AETC/SGPS, dated 11 Jul 14.
Exhibit D. Memorandum, AFPC/DPSOR, dated 1 Aug 14.
Exhibit E. Letter, SAF/MRBR, dated 12 Nov 14.
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