RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02989 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected as follows: a. Block 18 – Remarks: imprecisely indicates his recall status. Requests caveat to reflect 10 USC §688. b. Block 26 – Separation Code: change to code “SCN”. c. Block 28 – Narrative Reason for Separation: Change to “Force Shaping (Board Selected)”. APPLICANT CONTENDS THAT: Block 18, on his DD Form 214 indicates he is “Subject to recall to active duty by the Secretary of the Air Force.” However, since he was selected for early retirement under 10 USC §638, this statement does not fully reflect 10 USC §688 nor AFI 36- 3207, Separating Commissioned Officers, Chapter 2, paragraph 2.16 which states, “Officers retired by selective early retirement board (SERB) … under 10 USC §638 … are not recalled to active duty unless by Congress or the President during a time of war or national emergency (10 USC §688).” Therefore, Block 18 should be clarified: “Subject to recall to active duty by the Secretary of the Air Force only during a time of war or national emergency declared by Congress or the President.” Block 26 – “SCC” and Block 28 – “Reduction in Force” on his DD Form 214 are not correct according to the SPD matrix that was in effect at his retirement. In accordance with the SPD matrix, “SCC” is for separations “not covered by early retirement” whereas “SCN” is for “Selective (not voluntary) early retirement authorized by law (10 USC §638).” Since he was retired due to actions of a Selected Early Retirement Board (SERB) under 10 USC §638, the “SCC” code is incorrect and should be replaced by “SCN”. “SCC” – Reduction in Force – Mandatory retirement required by law when the Service conduct a general demobilization, or strength or force reduction not covered by early retirement, Separation Benefit (SSB) Service member initiated Separation Initiative (VSI). “SCN” – Force Shaping (Board Selected) – Expanded narrative/explanation of FSB SPD code: Selective (not voluntary) early retirement authorized by law (10 USC §638) when a Service conducts a general demobilization, or strength/force reduction for purpose of restructuring the Military Department. In support of this request, the applicant provides copies of his DD Form 214, a copy of his SERB letter, a copy of his retirement orders, a copy of 10 USC §638, Selective Early Retirement, a copy of 10 USC §688, Retirement Member Documents, an extract from SPD Code Matrix, dated 1 Feb 11. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 25 Oct 88. On 31 May 11, the applicant retired and was credited with 22 years, 7 months, and 6 days of active service. The applicant’s DD Form 214, Block 18 - Remarks, include the following statement “Subject to recall to active duty by the Secretary of the Air Force”, Block 26 - Separation Code, reflects “SCC” and Block 28 - Narrative Reason for Separation, reflects “Reduction in Force.” 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 (Retirement Advisory) recommends denial indicating there is no evidence of an error or an injustice. Personnel Services Delivery Memorandum 10-58, dated 20 Aug 10, SERB Administrative Release Instructions, specifies that the SPD code (SCC) and reason (Reduction in Force) will reflect as such for members who did not apply for retirement prior to meeting the board. The SERB was authorized per Secretary of the Air Force (SECAF) memorandum dated, 10 Mar 10. The applicant was notified and signed his selection for early retirement by the SERB on 7 Sep 10. Attachment 3 of the PSDM 10-58, which was provided to the applicant, states: “Your retirement will be coded as SCC – “Mandatory Retirement: Reduction in Force – Mandatory”. Had the applicant applied for retirement in lieu of meeting the SERB his SPD code would read RBC – “Voluntary Retirement: Maximum Service or Time in Grade”. Because the SPD direct the comments for the narrative reason in Block 26, it is also accurate as stating “Reduction in Force”. The DD Form 214 provides the statement “Subject to recall to active duty be the Secretary of the Air Force” is accurate as the member was selected by the board and did not apply for retirement before being considered by the board. “Officer retired by selective early retirement board (SERB) and officers who request retirement after been notified that they were to be considered for early retirement under 10 USC §638 but before being considered by that board, are not recalled to active duty unless by Congress or the President during a time of war or national emergency (10 USC §688)”. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. AFPC/DPSOR (DD Form 214 Advisory) recommends denial indicating there is no evidence of an error or an injustice. The applicant’s DD Form 214 was published and provided 1 Jul 11, per Title 10 USC, section 1552(b), the applicant’s request is not timely. In accordance to AFI 36-3202, Separation Documents, Table 4, Rule 44 and policy states to include the following statement “Subject to recall to active duty by the Secretary of the Air Force” in the marks section of all DD Form 214s when the type of separation is for retirement. There is no authority to change or extend this verbiage to include when, how or limitations on the Secretary to recall retirees as requested by the applicant. No authority exists to support the inclusion of the requested remarks on the DD Form 214. A complete copy of the AFPC/DPSOR evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant refutes virtually every point made by the OPR and argues their misunderstanding of their own regulations only prove his case that his DD Form 214 should be corrected as requested. In support of his response, the applicant provides a legal explanation and numerous policy details as to why the Board can and should direct the changes he seeks. 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. 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-2014-02989 in Executive Session on 2 Jun 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02989 was considered: Exhibit A. DD Form 149, dated 21 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 2 Oct 14. Exhibit D. Memorandum, AFPC/DPSOR, dated 15 Oct 14. Exhibit E. Letter, SAF/MRBR, dated 30 Jan 15. Exhibit F. Applicant’s Letter, dated 26 Feb 15.