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 drivers 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 applicants 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 applicants 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 applicants 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 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 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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