RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04390

					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect “honorable” character of service versus “uncharacterized.”  


APPLICANT CONTENDS THAT:

Her character of service should not be “uncharacterized.”  When she applied for employment, the employer could not verify her honorable service in the military.  

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 17 Jan 11.

On 11 Feb 11, the applicant’s commander received a medical narrative summary that found the applicant ineligible to meet minimum medical standards to enlist in the Air Force.  She had been diagnosed with Osgood-Schlatter disease.  

On 16 Feb 11, the applicant’s commander notified her that he was recommending her for discharge from the Air Force for erroneous enlistment – failure to meet Air Force physical standards.  On the same day, the applicant acknowledged her commander’s discharge recommendation, waived her rights to consult counsel, declined her Area Defense Counsel appointment, and waived her right to submit statements in her behalf.  

On 23 Feb 11, the applicant was furnished an entry level separation (ELS) with service characterized as “uncharacterized,” and credited with one month and 7 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.    


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice warranting changing the applicant’s character of service to honorable.  On or about 11 Feb 11, medical authorities concluded that the applicant had a pre-existing medical condition (Osgood-Schlatter disease) that would have precluded her from enlisting in the Air Force had this condition been made known in advance.  The discharge was in accordance with AFI 36-3208, Administrative Separation of Airmen, Chapter 5, Section 5C, Defective Enlistments, Para 5.14 (Erroneous Enlistment) with an uncharacterized discharge (entry level).  Airmen are given entry-level separation (ELS)/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active 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 her 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 C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 25 Feb 15 for review and comment within 30 days (Exhibit D).  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-2014-04390 in Executive Session on 14 Jul 15, under the provisions of AFI 36-2603:

	

The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04390 was considered:

	Exhibit A.  DD Form 149, dated 22 Oct 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 20 Nov 14.
	Exhibit D.  Letter, SAF/MRBR, dated 25 Feb 15.