RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 		DOCKET NUMBER: BC-2015-01330

				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 12a, Date Entered AD This Period, should reflect 
29 Nov 75.
      
      b.  Block 12b, Separation Date This Period, should reflect 
29 Nov 80. 


APPLICANT CONTENDS THAT:

He originally joined the Air Force on 29 Nov 75; however, his 
DD Form 214 reflects 28 Oct 76.   When he went to sign up, he 
weighed at least 200 pounds and in order to join, it took him at 
least a year to get within standards. 

The separation date listed on his DD Form 214 is also incorrect.  
When he was discharged, the individual preparing his paperwork 
entered the wrong date and instead of starting over, he listed 
the date of separation as if he took leave and got out on 
28 Nov 80 instead of 29 Nov 90.  These errors are impacting his 
membership with the American Legion.

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


STATEMENT OF FACTS:

On 28 Oct 76, the applicant entered the Air Force Reserve under 
the Delayed Enlistment Program (DEP).

On 29 Nov 76, the applicant entered the Regular Air Force.

On 24 Oct 80, AF Form 100, Request and Authorization for 
Separation, listed the applicant’s effective date of separation 
as 28 Nov 80.

On 28 Nov 80, the applicant was furnished an Honorable 
discharge, and was credited with four years of active and one 
month and one day of inactive service.  

The applicant’s DD Form 214, Block 18, Remarks states the 
applicant was in “Excess” leave status for 1 day (29 Nov 76 - 28 
Nov 80).

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/DPSIPV recommends denial indicating there is no evidence of 
an error or an injustice.  The applicant’s enlistment contract 
on file reflects the data listed on his DD Form 214.  While he 
enlisted into the DEP, that time is considered inactive reserve 
and does not count towards pay.  His DD Form 214, Block 12e, 
reflects 1 month and 1 day of delayed enlistment.

A complete copy of the AFPC/DPSIPV 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 22 Dec 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:

Insufficient relevant evidence has been presented to demonstrate 
the existence of an error or injustice.  After a careful review 
of the applicant's contentions, documentation submitted in 
support of the request, and the available evidence of record, we 
are not convinced the applicant has provided sufficient evidence 
for us to conclude that he is the victim of an error or 
injustice.  We also note the applicant did not file the 
application within three years after the alleged error or 
injustice was discovered, or should have been discovered, as 
required by Title 10, United States Code, Section 1552 and Air 
Force Instruction 36-2603.  While the applicant claims a date of 
discovery of less than three years prior to receipt of the 
application, we believe a reasonable date of discovery was more 
than three years prior to receipt of the application.  
Therefore, because we do not find it would be in the interest of 
justice to recommend granting relief, and the applicant has 
offered no plausible reason for the delay in filing the 
application, we cannot conclude it would be in the interest of 
justice to excuse the failure to timely file the application.  
Accordingly, we find the application untimely.


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-2015-01330 in Executive Session on 2 Feb 16 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 24 Mar 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIPV, dated 11 Dec 15.
	Exhibit D.  Letter, SAF/MRBR, dated 22 Dec 15.