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AF | BCMR | CY2014 | BC 2014 03861
Original file (BC 2014 03861.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER: BC-2014-03861

XXXXXXXXXX		COUNSEL: NONE

			HEARING DESIRED: NO



APPLICANT REQUESTS THAT:

Her character of service be changed from “Not Applicable” to 
“Honorable.”


APPLICANT CONTENDS THAT:

She was told that an entry level separation was an honorable 
discharge.  She is now being told that a character of service 
shown as “Not Applicable” is not considered an honorable 
discharge.

The Board should find it in the interest of justice to consider 
her untimely application because she would like to add a 
military sticker on her driver’s license.

In support of her request, the applicant provides a copy of her 
DD Form 214, Certificate of Release or Discharge from Active 
Duty.

The applicant’s complete submission, with attachment, is at 
Exhibit A.


STATEMENT OF FACTS:

On 26 June 1984, the applicant enlisted in the Regular Air 
Force.

On 16 August 1984, the applicant’s commander notified her that 
he was recommending she be discharged from the Air Force under 
the provisions of AFR 39-10, Administrative Separation of 
Airmen.  The specific reasons for his action were her failure to 
adapt to the military environment, failure to make satisfactory 
progress in a required training program, her reluctance to make 
the effort necessary to meet Air Force standards of conduct and 
duty performance, and her lack of self-discipline.

On 16 August 1984, the applicant acknowledged receipt of the 
discharge notification, indicated that she did not request 
retention in the Air Force, waived her rights to consult with 
counsel and to submit statements in her behalf.

On 17 August 1984, the Deputy Staff Judge Advocate (SJA) found 
the discharge legally sufficient.

On 20 August 1984, the applicant received an entry level 
separation after serving 1 month and 28 days on active duty.  
Her narrative reason for separation is “Entry Level Performance 
and Conduct.” The character of service on her DD Form 
214 reflects “NOT APPLICABLE.”


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial indicating there is no evidence of 
an error or injustice.  The applicant was identified on each of 
her required weight checks as being overweight.  She had been 
counseled by her chain of command, was placed on the weight 
control program and was recycled a total of four days to allow 
her time to progress; however, she continued to fail.  The 
commander concluded that any further rehabilitative efforts 
would not be appropriate or successful due to her lack of 
motivation to comply with standards; therefore, discharge action 
was initiated.  Airmen are given entry-level 
separation/uncharacterized service characterizations when 
separation is initiated in the first 180 days of continuous 
active service.  The Department of Defense determined if a 
member served less than 180 days of continuous active service; 
it would be unfair to the member and the service to 
characterize their limited service.

The complete DPSOR evaluation is at Exhibit C.


APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 10 February 2015, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 
30 days.  As of this date, no response has been received by 
this office (Exhibit D).


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the 
available evidence of record, we find the application untimely.  
The applicant did not file within three years after the alleged 
error or injustice was discovered as required by Title 10, 
United States Code, § 1552, Correction of Military Records and 
AFI 36-2603, Air Force Board for Correction of Military Records.  
Furthermore, the 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 this application 
in Executive Session on 9 June 2015, under the provisions of AFI 
36-2603:

       , Panel Chair
       , Member
       , Member

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-03861 was considered:

     Exhibit A.  DD Form 149, dated 17 September 2014, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOR, dated 14 November 2014.
     Exhibit D.  Letter, SAF/MRBR, dated 10 February 2015.





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