RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02552 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, Block 24 – Character of Service, be corrected to reflect an “Honorable” discharge. APPLICANT CONTENDS THAT: He has a service connected medical disability and the Department of Veteran Affairs (DVA) has rated his disability at 10%. The DVA recognizes his characterization of service as honorable. His service characterization of “Uncharacterized” on his DD Form 214 has prevented him from receiving school benefits. This error has resulted in the applicant having to pay for school out of pocket; which, he can no longer afford. In the interest of justice, the Board should consider this application because the implications of receiving an uncharacterized discharge were not properly explained. In support of his request, the applicant has provided a copy of his DD Form 214 and a copy of a DVA Summary of Benefits letter, dated 6 Feb 12. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 14 Oct 08. On 4 Nov 08, the applicant was notified by his commander that he was recommending him for discharge based on Erroneous Enlistment in accordance with AFI 36-3208, Administrative Separation of Airmen, Chapter 5, Section C, Defective Enlistment, paragraph 5.14. The applicant waived his right to consult counsel and his right to submit statements on his behalf. The Staff Judge Advocate reviewed the case and found it legally sufficient to support separation. On 5 Nov 08, the discharge authority approved an entry level discharge based on a defective enlistment. On 7 Nov 08, the applicant was furnished an Uncharacterized discharge, and was credited with 24 days of active service. The applicant’s DD Form 214 reflects his Type of Separation as “Entry Level Separation”, Character of Service as “Uncharacterized” and a Narrative Reason for Separation as “Failed Medical/Physical Procurement Standards”. The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force office of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: HQ AETC/SGPS recommends approval. Based on the documentation on file in the master personnel records, the discharge to include the type of separation, separation code, narrative reason for separation and character of service were appropriately administered and within the discretion of the discharge authority. As it is unclear if any cardiac issues were known prior to entering the military, they could support the Board granting this request. A complete copy of the HQ AETC/SGPS evaluation is at Exhibit C. AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. The medical authorities concluded that the applicant had a pre- existing medical condition that would have precluded him from enlisting in the Air Force had this condition been made know in advance. Hence, both the commander and the discharge authority correctly concluded that discharge was in order. The applicant’s service characterization is also correct as reflected on his DD Form 214. Airmen are given Entry-Level separation/Uncharacterized service characterization when separation is initiated in the first 180 days continuous service. The Department of Defense (DoD) determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service. Therefore, the “Uncharacterized” character of service on his DD Form 214 is correct and in accordance with DoD and Air Force instructions. A complete copy of the AFPC/DPSOR evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 12 Nov 14 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s 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 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 AFBCMR Docket Number BC-2014-02552 in Executive Session on 28 Apr 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02552 was considered: Exhibit A. DD Form 149, dated 1 Mar 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, HQ AETC/SGPS, dated 11 Jul 14. Exhibit D. Memorandum, AFPC/DPSOR, dated 1 Aug 14. Exhibit E. Letter, SAF/MRBR, dated 12 Nov 14.