RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04151

   						COUNSEL:  

						HEARING DESIRED:  NO 

APPLICANT REQUESTS:

His date of discharge be corrected to reflect 16 Jun 95 instead of 16 Jun 94.   

APPLICANT CONTENDS:

The date of his discharge on his DD Form 214, Certificate of Release or Discharge from Active Duty, is one year off.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 22 Feb 94.

On 2 Jun 94, the applicant’s commander recommended him for discharge from the Air Force for Entry Level Performance or Conduct, due to unsatisfactory performance for repeatedly failing his academic testing. 

Under Special Order AI-039, dated 9 Jun 94, the applicant was ordered to separate effective 10 Jun 94.  

On 10 Jun 94, the applicant was furnished an Entry Level Separation (ELS), with uncharacterized character of service, and was credited with 3 months, and 19 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/DP2LT recommends denial indicating there is no evidence of an error or an injustice.  The applicant’s discharge order reveals that he received an ELS on 10 Jun 94.  Therefore, the date of separation on his DD Form 214 is correct.  

A complete copy of the AFPC/DP2LT evaluation, with attachment, 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 Apr 16 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 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:

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-2015-04151 in Executive Session on 18 Aug 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04151 was considered:

	Exhibit A.  DD Form 149, dated 21 Sep 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2LT, dated 3 Mar 16.
	Exhibit D.  Letter, SAF/MRBR, dated 6 Apr 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.