RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03124

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from active Duty, effective 18 November 1999, be corrected to reflect his character of service as ‘Honorable” rather than “Uncharacterized”. 

APPLICANT CONTENDS THAT:

He was in Officer Training School (OTS) from 23 August 1999 through 18 November 1999.  He graduated and began serving four years active duty as a second lieutenant.  

His Special Order AB-001, dated 19 November 1999, reflects his type of discharge for the period that he was in OTS as honorable.  As such, he need for his DD Form 214 corrected to reflect his honorable period in OTS so that it can be added to his service computation time.  

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

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade of lieutenant colonel (O5).

On 18 November 1999, the applicant was furnished an entry-level separation with uncharacterized service with a narrative reason for separation of “Commissioned or Warrant In Same Branch of Service,” issued a Separation Code of KGM (officer commission program) and a RE code of 3A (1st airman separating before 36 months; or 1st term, no prior service; females learning of pregnancy prior to enlistment).  He was credited with 2 months and 26 days active service for this period.  

On 19 November 1999, by Special Order AB-001, the applicant was relieved from his assignment and honorably discharged.  He was appointed as a Reserve of the Air Force in the grade of Second Lieutenant and ordered to extended active duty for a period of four years.  His source of commission was a graduate of OTS.  

According to the applicant’s statement of service his total active federal commissioned service date (TAFCSD) is 19 November 1999.  

On 18 May 2003, the applicant was honorably released from active duty with a narrative reason for separation of “Completion of Required Active Service,” issued a Separation Code of MBK (completion of active duty service commitment or expiration of term of service).  He was credited with three years and six months active service for this period.  

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/DP2STM recommends denial.  The applicant’s entry level separation was processed in accordance with Department of Defense (DoD) and Air Force instructions.  There is no evidence of an error or an injustice in the discharge processing.  

The applicant separated from active duty after serving from 23 August 1999 to 18 November 1999 in order to accept commission in the Air Force from OTS.  In accordance with Air Force Instruction (AFI) 36-3208, Administrative Separation of Airmen, the service of airmen separated for completion of officer training will be characterized as honorable unless an entry level separation is required.  

Airman are in entry level status during the first 180 days of continuous active military service or in the first 180 days of continuous active military service after a break of more than 92 days of active service.  The applicant began his training on 23 August 1999 and the length of OTS was less than 180 days.  Therefore, upon completion of OTS, entry level separation was warranted.  Also, when an individual completes officer training and the Airman is in an entry level status, the type of separation authorized is an entry level separation.  

Airman are given entry-level separation/uncharacterized service when separation is initiated in the first 180 days 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 his DD Form 214 is correct and in accordance with DoD and Air Force instructions.  

A complete copy of the AFPC/DP2STM 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 11 March 2016 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 and the application is therefore untimely.  However, it is in the interest of justice to excuse the failure to timely file.

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 office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of 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-2015-03124 in Executive Session on 2 June 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03124 was considered:

	Exhibit A.  DD Form 149, dated 20 July 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2STM, dated 25 February        
                 2016.
	Exhibit D.  Letter, AFBCMR, dated 11 March 2016.