RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04712 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He receive a DD Form 214, Certificate of Release or Discharge from Active Duty, for his honorable service from 28 Jan 98 to 31 Aug 01. APPLICANT CONTENDS THAT: His current DD Form 214 for the period 29 Jan 98 to 9 Oct 08 reflects a service characterization of Bad Conduct and in the remarks section of the form it reflects he had continuous honorable active military service from 28 Jan 98 to 31 Aug 01 which is correct. However, he believes he should receive a separate DD Form 214 for his period of honorable service. He needs a DD Form 214 that reflects honorable service to qualify for veterans benefits. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 28 Jan 98, the applicant commenced his enlistment in the Regular Air Force. He was discharged 31 Aug 01 and reenlisted on 1 Sep 01. On 9 Oct 08, he was furnished a Bad Conduct Discharge, and was credited with eight years, eight months, and two 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. The applicant’s DD Form 214 was prepared according to applicable directives. The applicant has failed to provide evidence the document was prepared in error. To approve his request would be contrary to DoD policy. The DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/215 Series) and AFI 36-3202, Separation Documents, are the governing directives and do not authorize the issuance of separate DD Forms 214 for selective periods of service. The AF publishes a single DD Form 214 to cover continuous periods of active duty. While the applicant may have served a period of honorable service, his final characterization from active duty was Bad Conduct. Per the DoDI, service members who have previously reenlisted without being issued a DD Form 214 and are being separated with a characterization other than honorable will have the following statement in Block 18 on the DD Form 214 “Continuous Honorable Active Military service from (applicable date) until (applicable date)…the “from” date shall be the date of initial entry into active duty…the “until” date shall be the date before commencement of the current enlistment.” The applicant’s initial entry into active duty date is 28 Jan 98 and date before commencement of the current enlistment was 31 Aug 01. Therefore, the statement on the applicant’s DD Form 214 is appropriate. The denied benefits the applicant references are based on service characterization, and to split a continuous period of active service for the sole purpose of obtaining benefits/entitlements that would otherwise be denied is contrary to DoD direction, application and intent of service characterization. What benefits/entitlements are granted a veteran outside the service is defined by the organization granting such service and outside the scope of the Air Force. 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 6 Jul 15, for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered AFBCMR Docket Number BC-2014-04712 in Executive Session on 9 Sep 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04712 was considered: Exhibit A. DD Form 149, dated 12 Nov 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, undated. Exhibit D. Letter, SAF/MRBR, dated 6 Jul 15.