RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01601

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His Reentry (RE) code “2C” (Involuntarily separated with an 
honorable discharge; or entry level separation without 
characterization of service.) be corrected to an eligible 
reentry code for reenlistment.


APPLICANT CONTENDS THAT:

His record is unjust because his current reentry (RE) code does 
not reflect his time in service.  He was a good airman.  He 
served as a guidon bearer and met the thunderbolt fitness 
standards.  

He was informed he would be able to reenlist after six months 
and has been unable.  Only recently did he learn of the 
Correction of Military Records process.  He understands his 
current age prevents him from serving in the Air Force; however, 
if approved this change would facilitate his eligibility to 
serve in the United States Navy or Marine Corps.

In support of his request, the applicant provided a medical 
office visit summary dated 6 Dec 07 which states “Previous 
shoulder injury (torn labrum), resolved.”

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 27 Mar 
07.

On 10 Oct 07, the applicant was notified of his commander’s 
intent to discharge him for erroneous enlistment under the 
provisions of AFI 36-3208, Administrative Separation of Airmen, 
Chapter 5, paragraph 5.14.  The reason for this action was a 
preexisting medical condition which would have prevented the 
applicant from joining the Air Force.  The applicant waived his 
right to counsel and his right to submit a statement on his 
behalf on the same date.

On 15 Oct 07, the Deputy Staff Judge Advocate noted no errors or 
irregularities with the package.

On 23 Oct 07, the discharge authority approved the applicant’s 
discharge with an Honorable characterization.

On 24 Oct 07, the applicant was furnished an honorable 
discharge, and was credited with 6 months, and 28 days of active 
service.   

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 and 
D.    


AIR FORCE EVALUATION:

HQ AETC/SGPS recommends approval.

Based on the documentation on file in the applicant’s records, 
this office finds the separation was done in accordance with 
established policy and administrative procedures.  From a 
medical standpoint, if his injury has been treated and resolved 
he may be eligible to apply through a recruiter to reenter 
military service.

A complete copy of the HQ AETC/SGPS evaluation is at Exhibit C.

AFPC/DPSOA recommends denial indicating there is no evidence of 
an error or an injustice.  

The applicant does not provide any proof of an error or 
injustice in reference to his RE code.  The RE code “2C” is 
correct based on applicant’s involuntary discharge with a 
honorable character of service.

A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 29 Sep 14 for review and comment within 30 days 
(Exhibit E).  As of this date, no response has been received by 
this office.




THE BOARD CONCLUDES THAT:

1.  The application was not filed within three years after the 
alleged error or injustice was discovered, or could have been 
discovered, as required by Section 1552, Title 10, United States 
Code (10 USC 1552), and Air Force Instruction 36-2603.  Although 
the applicant asserts a date of discovery which would, if 
correct, make the application timely, the essential facts which 
gave rise to the application were known to applicant long before 
the asserted date of discovery.  Knowledge of those facts 
constituted the date of discovery and the beginning of the 
three-year period for filing.  Thus, the application is 
untimely.

2.  Paragraph b of 10 USC 1552 permits us, in our discretion, to 
excuse untimely filing in the interest of justice.  We have 
carefully reviewed applicant's submission and the entire record, 
and we do not find a sufficient basis to excuse the untimely 
filing of this application.  The applicant has not shown a 
plausible reason for delay in filing, and we are not persuaded 
that the record raises issues of error or injustice that require 
resolution on the merits at this time.  Accordingly, we conclude 
that it would not be in the interest of justice to excuse the 
untimely filing of the application.


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-2014-01601 in Executive Session on 16 Dec 14 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, HQ AETC/SGPS, dated 6 May 14
	Exhibit D.  Memorandum, AFPC/DPSOA, dated 13 May 14.
	Exhibit E.  Letter, SAF/MRBR, dated 29 Sep 14.