RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2016-00181

XXXXXXXXXXXXXXXX				COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The character of service on his NGB Form 22, Report of Separation and Record of Service, be changed from “other than honorable” to honorable.

APPLICANT CONTENDS THAT:

He is the son of a veteran pilot and chose to serve in the Air National Guard.  He was an honor graduate at technical school and loved his assignment as a still photographer.  However, his civilian employer threatened to terminate him if he reported to reserve duty.

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

STATEMENT OF FACTS:

According to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, on 13 September 1980, the applicant enlisted in the Air National Guard for a period of 4 years.

The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, indicates he was a member of the Air National Guard who entered a period of active duty from 23 June 1981 through 24 November 1981.  He was released from active duty following “Completion of Initial Active Duty Training” with an honorable character of service.

According to Special Order AB-619-MD dated 19 July 1983, the applicant was relieved from his Air National Guard assignment with an “Other than Honorable” discharge effective 26 July 1983, and was transferred to the Individual Ready Reserve effective 27 July 1983.  NGB Form 22 was issued to the applicant.

NGB Form 22 dated 26 July 1983, indicates the applicant served in the Air National Guard from 13 September 1980 through 26 July 1983.  His character of service is “Tentative: Other Than Honorable.”
According to Reserve Order CA-015396 dated 15 September 1986, the applicant was relieved from the Obligated Reserve Section and honorably discharged from the Air Force Reserve effective 12 September 1986.

AIR FORCE EVALUATION:

NGB/A1PP recommends partial approval based on the applicant’s request alone. The applicant contends he was separated for unsatisfactory participation. However, other than his own assertions, the reason for separation cannot be confirmed.  The authority and reason for discharge indicated on the applicant’s NGB Form 22 is “NGB/MPP LTR: 6 May 80” and his character of service is “Tentative: Other than Honorable.”  However, because the applicant submitted his request 33 years after his separation, there is no record of the applicable instruction/policy regarding separation procedures.  Consequently, this information cannot be confirmed.  Had the applicant been notified he was being separated for unsatisfactory participation, his best course of action would have been to request a voluntary separation due to “Incompatible Occupation.”  However, the applicant did not provide any evidence to indicate he applied for a voluntary separation.  Additionally, if unsatisfactory participation was the reason for separation, an “Other than Honorable” character of service would not have been appropriate.  The applicant did not submit his request to the board in a timely manner; however, based on the applicant’s contentions, they recommend the Board change the service characterization on the applicant’s NGB Form 22 from other than honorable to general (under honorable conditions).  If the applicant failed to attend military training and did not apply for voluntary separation, this would have been the most appropriate service characterization.

A complete copy of the NGB/A1PP 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 30 June 2017, 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, Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records.  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.  However, should the applicant provide post-service contributions as well documentation indicating whether or not he has an arrest record, the Board may be willing to reconsider his request based on clemency.

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-2016-00181 in Executive Session on 15 August 2017, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00181 was considered:

Exhibit A.  DD Form 149, dated 8 January 2017, w/atch.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, NGB/A1PP, dated 25 May 2017, 
Exhibit D.  Letter, AFBCMR, dated 30 June 2017.