RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02747
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her DD Form 214, Certificate of Release or Discharge from Active
Duty, Block 28 Narrative Reason for Separation, be corrected
to reflect Hardship.
APPLICANT CONTENDS THAT:
She is a homeless and disabled veteran seeking benefits. She
believes her discharge directly contributed to her present
disability.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 25 Jan
83.
On 7 Aug 84, the applicant was notified by her commander he was
recommending her for discharge for Unsatisfactory Performance in
accordance with AFR 39-10, Separation Upon Expiration of Term of
Service, for Convenience of Government, Minority, Dependency and
Hardship, Chapter 5, paragraph 5-26.
On 8 Aug 84, the applicant waived her rights to consult counsel
and to submit any statements on her behalf.
On 22 Aug 84, the Staff Judge Advocate reviewed the case and
found it legally sufficient. They recommended her service be
characterized as Honorable.
On 24 Aug 84, the discharge authority approved the applicant for
discharge with a General (Under Honorable Conditions)
characterization of service. He did not consider probation or
rehabilitation appropriate in this case.
On 28 Aug 84, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 1 year, 7
months, and 4 days of active service.
The applicants DD Form 214 reflects Unsatisfactory
Performance as the narrative reason for separation.
On 7 Apr 97 the Air Force Discharge Review Board concluded that
the discharge was consistent with the procedural and substantive
requirement of the discharge regulation and within the
discretion of the discharge authority and that the applicant was
provided full administrative due process. However, in the view
of the foregoing findings, the Board further concluded that the
overall quality of the applicants service is more accurately
reflected by an Honorable discharge. Therefore, the Board
granted an upgrade to her characterization of service and denied
changing the reason for discharge.
On 30 May 97, the applicant was reissued a new DD Form 214 to
reflect an Honorable discharge.
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 involuntarily
discharged from the Air Force for unsatisfactory duty
performance. Based on the documentation on file in the master
personnel records, the discharge to include the separation
program designator (SPD) code, narrative reason for separation,
and character of service was appropriately administered and
within the discretion of the discharge authority.
The applicant has not filed a timely petition. It has been 30
years since the applicant separated from the Air Force. The
applicant did not provide an explanation as to why it took so
long to submit an application to correct her military records.
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 14 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-2014-02747 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-2014-02747 was considered:
Exhibit A. DD Form 149, dated 7 Jul 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 13 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 14 Nov 14.
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