RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04727

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, block 25, Separation Authority, be corrected to read 10 USC 1173 (Early Out) instead of AFI 36-3208.  

APPLICANT CONTENDS THAT:

He is being denied behavioral health treatment from the Department of Veterans Affairs because of the DD Form 214 error.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 3 Feb 09.

On 30 Mar 10, the applicant received a Letter of Counseling (LOC) for being late to work.

On 6 Apr 10 and 22 Apr 10, the applicant received Letters of Reprimand (LOR) for being late to work.  

On 11 Jun 10, the applicant received an Article 15 for destruction of government property and attempting to unlawfully enter another dorm room.

On 16 Jun 10, the applicant’s commander did not select him for reenlistment.  

On 31 Aug 10, the applicant was furnished an honorable discharge, and was credited with 1 year, 6 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/DP2STM-SEP recommends denial indicating there is no evidence of an error or an injustice.  The applicant’s commander signed an AF IMT 418, Selective Reenlistment Program Consideration, not recommending the applicant for reenlistment based on two Letters of Counseling (LOCs) and one Letter of Reprimand (LOR) for being late to work, and an Article 15 UCMJ action for destruction of government property.  Once the Date of Separation (DOS) Rollback Program was initiated, he became an eligible candidate for early separation.  In accordance with PSDM 10-43, FY10 DOS Rollback Program, General Guidance, Paragraph b, “all airmen separated under the DOS Rollback Program are separated IAW AFI 36-3208, Administrative Separation of Airmen, paragraph 2.2 (completion of required active service)”. The applicant was separated from the Air Force under these provisions with an honorable discharge, the separation authority is correct as indicated on the applicant’s DD Form 214, the discharge was consistent with the procedural and substantive requirements of the discharge instruction, and was within the discretion of the discharge authority.

A complete copy of the AFPC/DP2STM-SEP 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 12 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 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-2015-04727 in Executive Session on 28 Mar 17 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04727 was considered:

	Exhibit A.  DD Form 149, dated 2 Nov 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2STM-SEP, dated 19 Feb 16.
	Exhibit D.  Letter, AFBCMR, dated 12 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 that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.