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AF | BCMR | CY2014 | BC 2014 02552
Original file (BC 2014 02552.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 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 applicant’s 
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 applicant’s 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 
applicant’s 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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