RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04215

XXXXXXXXXXXXXX	COUNSEL: XXXXXXXXX

	HEARING: NO

APPLICANT REQUESTS THAT:

The 10 Aug 10, Date of Separation (DOS) on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be changed.  

APPLICANT CONTENDS THAT:

He was still on active duty at the time of the terrorist attack (11 Sep 01), and was actually discharged shortly thereafter. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 31 May 00.  

On 10 Aug 01, the applicant was rendered a under honorable conditions (General) discharge for misconduct – minor disciplinary and drug abuse, having served 1 year, two months, and ten days of active service.

On 14 Aug 15, the Air Force Discharge Review Board denied the applicant’s request to upgrade his discharge.

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

AIR FORCE EVALUATION:

AFPC/DP2STM-SEP recommends denying the application.  The application was not filed within three years of the discovery of the alleged error or injustice, or with due diligence, should have been discovered.  The specific discharge documentation is absent from the applicant’s record.  However, a review of available documentation revealed the applicant was separated from the Air Force on 10 Aug 01, under the provisions of AFI 36-3208, Administrative Separation of Airmen, chapter 5, para 5.54 (misconduct- drug abuse), with an under honorable conditions (General) discharge.  Based on the presumption of regularity, the discharge to include the SPD code, narrative reason for separation and characterization of service was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority.  They did not find any evidence of an error or injustice in the discharge processing.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 6 Mar 17 for comment (Exhibit D), but has received no response.

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 concurs with the rationale and recommendation of AFPC/DP2STM-SEP and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  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).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  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-2016-04215 in Executive Session on 9 Oct 18:

, Panel Chair 
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM-SEP dated 11 Jan 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 6 Mar 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9, pertaining to Docket Number BC-2016-04215.