RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-01715 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His Separation Program Designator (SPD) code on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed from MND (miscellaneous/general reasons) to “force reduction.”

APPLICANT CONTENDS THAT:
He believes that an error has occurred because he separated early through the Force Shaping Program. Changing his DD214 will allow him the opportunity to apply for a home loan through  the Department of Veterans Administration (DVA).

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

STATEMENT OF FACTS:
On 18 Mar 03, the applicant entered the Regular Air Force.
On 15 Sep 04, the applicant was furnished an honorable discharge, with an SPD code of “MND,” and was credited with 1 year, 5 months, and 28 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 regarding the applicant’s SPD code.

The specific documentation related to the applicant’s separation request is absent from the record. However, based on the presumption of regularity, 1) the applicant submitted a voluntary request for separation under the provisions of AFI 36-3208,

Administrative Separation of Airmen, using the AF IMT 31, Airman’s Request for Early Separation/Separation Based on Change in Service Obligation. The applicant requested early release from his active duty service commitment under the Limited Active Duty Service Commitment (LADSC) waiver program; 2) the applicant’s commander recommended approval to the discharge authority; 3) the discharge authority approved the separation and directed the applicant be released with an honorable service characterization effective
15 Sep 04.
In accordance with MPFM 04-35, Force Shaping Program Phase II, individuals were afforded the opportunity to separate or retire from the service prior to completing specified active duty service commitments. These applications were voluntary and enlisted personnel who were interested in requesting to leave the Air Force early were to  do  so  under  the  miscellaneous  provisions  of AFI 36-3208 by submitting an AF IMT 31. Although the LADSC waiver program is under the umbrella of the Force Shaping Program, it is a voluntary program that allows individuals to get out of the Air Force early if they so desire. The  applicant  voluntarily requested to separate early and was approved for release from active duty. Therefore, the SPD code and narrative reason for separation are correct as indicated on the applicants DD Form 214. The discharge authority approved an honorable service characterization; therefore, the character of service is also correct as indicated on the applicant’s DD Form 214.

It is recommended to deny the request, based on the documentation on file in the master personnel records and the presumption of regularity, the discharge to include the SPD code, narrative reason for separation and character of service was appropriately administered and within the discretion of the discharge authority.

Should the board elect to grant the request, the applicant’s record should be corrected to reflect an SPD code of “MFF” (Secretarial Authority).

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 31 Jul 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-2015-01715 in Executive Session on 17 Dec 15 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 22 Apr 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPSOR, dated 29 May 15. Exhibit D.	Letter, SAF/MRBR, dated 31 Jul 15.