RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02472 

 						COUNSEL:  NONE

 						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His uncharacterized character of service/Entry Level Separation (ELS) for the period of 15 August 1988 to 21 November 1988 be upgraded to honorable.  

He receive active duty service credit towards retirement for his period of service from 15 August 1988 to 21 November 1988 (Already Credited).

APPLICANT CONTENDS THAT:

His character of service for the period of 15 August to 21 November 1988 should reflect as honorable.  During this time, he was in Officer Training School (OTS).  He successfully completed OTS and was commissioned as a second lieutenant (O-2) on 22 November 1988.  He continued to serve to this date and is currently a lieutenant colonel (O-5) in the Arkansas Air National Guard (ANG) and is an Air Reserve Technician (ART).  He will be retiring in a few years with 30 years of service and wants full credit for his time in service.  

He was notified on 15 June 2016 that his time at OTS would not be credited toward his retirement since his DD Form 214, Certificate of Release or Discharge from Active Duty, reflects his character of service as uncharacterized.  The time should be credited as he served and continues to serve honorably.  

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

STATEMENT OF FACTS:

The applicant is in the Air National Guard (ANG) currently serving in the grade of lieutenant colonel (O-5).

The applicant entered an initial period of active duty service on 15 August 1988 and was discharged on 21 November 1988 in the grade of Staff Sergeant (SSgt, E-5) with an ELS and narrative reason for separation of “To accept a commission in the Air Force Officer Training Program.”  He served 3 months and 7 days of active service.    

He entered a subsequent period of active duty service on 22 November 1988 as a commissioned officer and was discharged on 5 July 2002.  He was credited with 13 years, 7 months and 10 days of active duty service for this period.  He was also credited for 3 months and 7 days of prior active duty service.  
 
Per 10 U.S.C. § 12732(a)(2) and DODMR 7000 14-R, Volume 7b, para 020202, one point for each day of active service is awarded and is creditable for retirement pay computation.  The applicant’s Point Credit Accounting Reporting System (PCARS) record shows he was credited with active duty service for his 3 months and 7 days of active duty service for completion of OTS.  

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.  The applicant has not filed a timely petition.  It has been almost 28 years since his discharge.  Furthermore, the ELS was processed in accordance with Department of Defense (DOD) and Air Force instructions.  There is no evidence of an error or injustice in the discharge processing.  

The applicant’s completion of 3 months and 17 [sic] days on active duty in OTS required discharge with an ELS.  In accordance with AFR 39-10, Administrative Separation of Airmen, paragraph 1.19, 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, upon completion of OTS an ELS was warranted.  Furthermore, Table 1.1, line 3 of AFR 39-10, indicates that when an individual completes officer training and the airman is an entry level status, the type of separation authorized is an entry level separation.

Airmen are given ELS/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service.  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.  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-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 19 December 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.  The applicant contends he has been denied service credit towards his retirement for his period of service from 15 August 1988 to 21 November 1988 because he was discharged with an ELS/uncharacterized character of service.  However, we note this is not the case and the applicant’s PCARS record reflects he has received the points and service credit for this period of time.  Moreover, his DD Form 214 for the period ending on 5 July 2002 reflects he was credited with 3 years and 7 days of prior active duty service.  With respect to the applicant’s request that his ELS/uncharacterized character of service be changed to an honorable discharge, 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 or 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-2016-02472 in Executive Session on 7 September and 2 October 2017 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:
	
	Exhibit A.  DD Form 149, dated 15 June 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2STM-SEP, dated
			  8 September 2016.
	Exhibit D.  Letter, AFBCMR, dated 19 December 2016.