RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02702

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His uncharacterized service be changed to reflect a general (under honorable conditions) discharge.

APPLICANT CONTENDS THAT:

His entry-level separation was due to a medical condition.  He did not receive any disciplinary actions, demotions, or derogatory data during his enlistment and was eligible for reentry with a waiver.  His current characterization of service is causing him a difficult time with local law enforcement employment.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

 The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 15 April 1993.

On 19 May 1993, a medical evaluation board (MEB) convened to consider the applicant for any existed prior to service (EPTS) defects or conditions.  The applicant was diagnosed with asthma.  The MEB recommended the applicant be discharged from the service by reason of physical disability that existed prior to service and was not permanently aggravated.

On 26 May 1993, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of Air Force Regulation (AFR) 39-10, Administrative Separation of Airmen, for erroneous enlistment.  The specific reason for the action was a determination that he did not meet minimum medical standards to enlist and should not have been allowed to join the Air Force due to having asthma.

On 26 May 1993, the applicant acknowledged receipt of the action, decided not to consult legal counsel, and elected not to submit a statement on his behalf.

In accordance with AFR 39-10, airmen are in entry-level status during the first 180 days of continuous active military service or the first 180 days of continuous active military service after a break of more than 92 days of active service.  The Department of Defense (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.

On 1 June 1993, the applicant was furnished an entry-level separation with uncharacterized service with a narrative reason for separation of “failed to meet physical standards for enlistment.”  He was credited with one month and seventeen days of total active service.  

For more information, see the excerpt of the applicant’s record at Exhibit B.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.  

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-02702 in Executive Session on 8 May 2018.

All members voted not to correct the record.  The panel considered the following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02702.

Exhibit A:	Application, DD Form 149, w/atch, dated 30 June 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR w/atch, dated 4 November 2016.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.