RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02673
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be corrected as follows:
a. Block 26 Separation Code: 488 changed to a code more
appropriate to coincide with his Honorable discharge.
b. Block 28 Narrative Reason for Separation: Attrition
changed to a code more appropriate to coincide with his
Honorable discharge.
APPLICANT CONTENDS THAT:
He was involuntarily discharged with an Other Than Honorable
characterization of service on 21 Apr 64 and on 3 Feb 00 the Air
Force Board for Correction of Military Records determined his
characterization of service should be upgraded to reflect
Honorable; however, they failed to correct the corresponding
separation code and narrative reason for separation.
His narrative reason for separation lists Attrition. This was
not the reason for his discharge, he was involuntary discharged.
The term attrition is defined as: a reduction or decrease in the
number, size or strength, a gradual reduction in work force.
This does not accurately reflect his reason for separation.
In support of his request, the applicant provided copies of his
updated DD Form 214, a letter from his Congressman, dated 27 Jun
14, Memorandum - AFPC/DPPRS, dated 9 Oct 99, which recommended
the service characterization upgrade, and a Memorandum AFBCMR,
dated 3 Feb 00.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 21 Aug
61.
On 11 Mar 64, the applicants commander recommended that he be
considered for separation in accordance with AFR 39-17,
Discharge of Airmen Because of Unfitness, for a pattern showing
dishonorable failure to pay just debts. The applicant was
afforded the opportunity to consult with legal counsel and
submitted a statement on his own behalf.
On 30 Mar 64, the discharge authority approved the applicants
separation.
On 21 Apr 64, the applicant was furnished an Other Than
Honorable discharge, and was credited with 2 years, 8 months,
and 1 day of active service.
On 3 Feb 00, the Air Force Board for Correction of Military
Records directed the applicants characterization of service
upgraded to Honorable.
On 22 Feb 00, AFPC/DPPRRA issued the applicant a new DD Form 214
reflecting an Honorable discharge, and a DD Form 256, Honorable
Discharge Certificate.
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.
The applicant was discharge in accordance with AFR 39-17,
Discharge of Airmen Because of Unfitness. Included in this
application is an established pattern showing dishonorable
failure to pay just debts or other established pattern of
financial irresponsibility. In addition, the Separation Program
Designator (SPD) 488 is for Attrition, Unfitness, AFR 39-17,
therefore, it is their conclusion that this was the most
accurate SPD code to use at the time of the applicants
discharge. Therefore, the SPD code is correct as indicated on
the applicants DD Form 214.
The narrative reason for separation could be adjusted to reflect
the unfitness portion of the SPD since that is the appropriate
reference; however, it is their opinion that a change of this
nature does not improve the applicants position; therefore, it
should be left to the term attrition.
The applicant has already received an upgrade to Honorable. No
other change to the discharge is warranted in this case.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant refutes virtually every point made by the OPR and
argues that his previous upgrade by the Air Force Board of
Correction of Military Records proves that the Air Force
violated not only its own rules, regulations and laws, it
violated his civil rights. In support of his response, the
applicant provides a five page letter, dated 16 Dec 14, along
with 22 pages of supporting documentation for the Boards
consideration.
The applicant also submitted a new letter for the Boards
consideration in which he contends the Air Force Advisory does
not understand his main concerns. He clarifies that his primary
concern today is not to have the Board correct his SPD code or
narrative reasons for separation. His civil rights have been
violated and that he did not get due process when he was
separated in Apr 1964.
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-2014-02673 in Executive Session on 5 May 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02673 was considered:
Exhibit A. DD Form 149, dated 20 Jun 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 4 Sep 14.
Exhibit D. Letter, SAF/MRBR, dated 17 Nov 14.
Exhibit E. Applicants Letter, dated 16 Dec 14.
Exhibit F. Applicants Letter, undated.
Exhibit G. Applicants Letter, dated Apr 15.
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