RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01707

 						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His uncharacterized character of service/entry level separation (ELS) for the period of 24 Feb 03 to 15 May 03 be upgraded to honorable.  

APPLICANT CONTENDS THAT:

He attended officer training school (OTS) during this period.  Upon graduation, he was commissioned as an officer and served honorably until his discharge.   

He is attempting to buy back his military service into the federal civilian retirement system.  However, only periods of service characterized as honorable on the DD Form 214, Certificate of Release or Discharge from Active Duty, are accepted.  It is a double standard that prior enlisted OTS graduates receive an honorable discharge for OTS.  

His AF Form 1613, Statement of Service, reflects his service as honorable.     

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

STATEMENT OF FACTS:

The applicant is in the Air Force Reserve serving in the grade of captain (O-3).  

He entered an initial period of active duty service on 24 Feb 03 and was discharged on 15 May 03 in the grade of Staff Sergeant (SSgt, E-5) with an ELS and narrative reason for separation of “Commissioned or warrant in same branch of service.”  He served 2 months and 22 days of active duty service this period.  

In letters dated 6 Oct 16 and 24 Mar 17, the AFBCMR advised the applicant he had failed to exhaust available administrative remedies by not applying to the Discharge Review Board (DRB) prior to submitting his application to the AFBCMR.  He was afforded the opportunity to request his case be administratively closed to pursue application to the DRB.  As of this date, no response has been received by this office.  

The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits D and F.    

AIR FORCE EVALUATION:

AFPC/DP2STM-SEP recommends denial.  The applicant has not filed a timely petition.  It has been 13 years since his discharge.  Furthermore, the ELS was processed in accordance with DOD and Air Force instructions.  There is no evidence of an error or injustice in the discharge processing.  

The applicant’s completion of his active duty service while in OTS required discharge with an ELS.  In accordance with AFI 36-3208, Administrative Separation of Airmen, the service for airmen separated for completion of officer training will be characterized as honorable unless an ELS is required according to paragraph 1.19, which states airmen are in entry level status during the first 180 days of continuous active military service.  The length of OTS was less than 180 days, therefore, ELS was warranted.  

The 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.  To grant relief would be contrary to the criteria established by DOD 1332.14, Enlisted Administrative Separation.   

A complete copy of the AFPC/DP2STM-SEP evaluation is at Exhibit D.

SAF/MRBP recommends the case be returned without action and the applicant be advised to apply to the DRB no later than 15 May 18.  There is no record to indicate he sought remedy through the DRB before applying to the AFBCMR.  He would have to apply to the DRB no later than 15 May 18 and make a case his discharge was either not equitable or improper.

A complete copy of the SAF/MRBP evaluation is at Exhibit F.  

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 15 Sep 17 for review and comment within 30 days (Exhibit G).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has not 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.  While we note SAF/MRBP recommends the case be returned without action as he did not apply to the DRB prior to submitting his application to the AFBMCR, we are mindful the applicant’s suspense to apply to the DRB is 15 May 18 and therefore find it in the interest of justice to consider the case.  Therefore, we agree with the opinion and recommendation of the AFPC/DP2STM-SEP and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS 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-2016-01707 in Executive Session on 24 Feb 18 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
 	 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01707 was considered:

	Exhibit A.  DD Form 149, dated 20 Jul 16, w/atchs.
	Exhibit B.  Excerpts of Personnel Records
	Exhibit C.  Letter, AFBCMR, dated 6 Oct 16, w/atch.
	Exhibit D.  Memorandum, AFPC/DP2STM-SEP, dated 21 Dec 16.
	Exhibit E.  Letter, AFBCMR, dated 24 Mar 17.
	Exhibit F.  Memorandum, SAF/MRBP, dated 29 Aug 17.
	Exhibit G.  Letter, AFBCMR, dated 15 Sep 17.  

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.