RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02663

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

Her Uncharacterized discharge be upgraded to Honorable.


APPLICANT CONTENDS THAT:

While traveling to basic training she was sexually assaulted.  
Upon arrival she sought help and was turned away.  She continued 
with her training, hurt her ankle and was sent to a Medical 
Squadron for care.

She was checked in as having a broken finger and weeks went by 
without any medical attention.  While assigned to the medical 
squadron, her step-mother passed away. Overwhelmed with grief, 
she returned home on emergency leave.

Upon returning from emergency leave, all medical appointments 
were aligned and it was determined she had shin splints, stress 
fractures, and muscle spasms.  She requested to go home.  In the 
out-processing briefing, she was instructed that in order for 
her to go home she would have to waive her rights to an 
Honorable discharge or any medical claims, in which she did.  
The mental anguish that she was under was more than she could 
bear in the isolated place where she believed her real issues 
were being ignored.    

In support of her request, the applicant submits a personal 
letter for the Board’s consideration.

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


STATEMENT OF FACTS:

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

On 31 Mar 08, the applicant was notified by her commander he was 
recommending her for discharge for Erroneous Enlisted in 
accordance with AFI 36-3208, Administrative Separation of 
Airmen, Chapter 5, Section C, paragraph 5.14.  The applicant 
waived her right to counsel and her right to submit statements.  
The Assistant Staff Judge Advocate found the case legally 
sufficient.

On 3 Apr 08, the discharge authority approved an entry level 
separation.

On 4 Apr 08, the applicant was furnished an Uncharacterized 
discharge, and was credited with 4 months and 8 days of active 
service.   

The remaining relevant facts pertaining to this application are 
contained in the memorandums prepared by the Air Force offices 
of primary responsibility (OPR), which are attached at Exhibit C 
and D.    


AIR FORCE EVALUATION:

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

The DoD 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.  Therefore, 
the Uncharacterized character of service on her DD Form 214, 
Certificate of Release or Discharge from Active Duty, is correct 
and in accordance with DoD and Air Force instructions.

Based on the documentation on file in the master personnel 
records, the discharge to include the separation code, narrative 
reason for separation and character of service was appropriately 
administered and within the discretion of the discharge 
authority. 

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

HQ AETC/SGPS recommends denial indicating there is no evidence 
of an error or an injustice.  

Based on the documentation on file in the applicant’s records, 
they find the separation was done in accordance with established 
policy and administrative procedures.

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation were forwarded to the 
applicant on 17 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 the 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, Section 1552 and Air Force Instruction    
36-2603.  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 AFBCMR Docket 
Number BC-2014-02663 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-2014-02663 was considered:

	Exhibit A.  DD Form 149, dated 26 Jun 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 28 Jul 14.
	Exhibit D.  Memorandum, HQ AETC/SGPS, dated 8 Aug 14.
	Exhibit E.  Letter, SAF/MRBR, dated 17 Nov 14.