RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-00199 COUNSEL:	NONE
HEARING DESIRED:	NOT INDICATED

APPLICANT REQUESTS THAT:
His reentry code (RE) of 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed to allow reentry in the military.

APPLICANT CONTENDS THAT:
He was never in any trouble on active duty.
The	applicant’s	complete	submission,	with	attachments,	is	at Exhibit A.

STATEMENT OF FACTS:
The  applicant  initially  entered  the  Regular  Air  Force  on 6 Jun 06.

On 4 Oct 10, the applicant’s commander notified him that he was recommending his discharge for Unsatisfactory Performance, specifically failure to progress in military training required to be qualified for service with the Air Force or for performance of primary duties, under the provisions of AFPD 36- 32, Military Retirements and Separations and AFI 36-3208, Administrative Separation of Airmen, paragraph 5.26.3

On 4 Oct 10, the applicant acknowledged receipt of the action and of his right to consult with legal counsel and submit statements on his own behalf.

On 7 Oct 10, the applicant submitted a written response stating his desire to be retained in the Air Force.

On 14 Oct 10, the discharge authority concurred with the commander’s recommendation and directed the applicant’s honorable service characterization without the opportunity for probation and rehabilitation.

On 21 Oct 10, the applicant was discharged with an honorable characterization of service, and was credited with 4 years,
4 months, and 16 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/DPSOA recommends denial indicating there is no evidence of an error or an injustice. He received a RE code of 2C as required by AFI 36 - 2606, Reenlistment in the  United States Air Force (dated 21 Nov 01), chapter 3, table 3.2, item 3, based on his involuntary separation with honorable character of service. On 14 Oct 10, the 21 SW/CC directed the applicant be discharged with an entry level separation for failure to progress in military training required to be qualified for a service with the Air Force or for performance of primary duties.

The applicant states he was never in any trouble; however, he had three Enlisted Performance Reports (AF Form 910) for the period 6 Feb 08 through 31 Aug 10 that were referrals with the first one stating the applicant needed improvement and the last two stating he did not meet Performance Standards and Training Requirements.

On 29 Aug 12, AFI 36-2606, (dated 9 May 11), table 5.3, rule 3 was changed modifying the RE code 3A to include a definition of ”First term Airman (involuntarily separated entry-level) for inability to satisfactorily progress in a required training program without characterization of service; or a first-term Airman (involuntarily separated) for failure to progress in military training required to be qualified for service with the Air Force or for performance of primary duties”. Per note 4, this new rule only applies to initial technical school trainees and the applicant had already graduated technical school. Although rule 3 was added after the applicant was discharged, there are no equity issues as the new 3A RE code definition does not apply to the applicant as he was not in initial technical school training. The applicant's issues were with his job performance and upgrade training at his permanent base which is required of all Airmen.

A complete copy of the AFPC/DPSOA 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 4 Jun 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. 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 and the application is therefore 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, Air Force Board for Correction of Military Records.  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-2015-00199 in Executive Session on 8 Sep 15, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00199 was considered:

Exhibit A.	DD Form 149, dated 19 Dec 14, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPSOA, dated 18 Feb 15. Exhibit D.	Letter, SAF/MRBR, dated 4 Jun 15.