RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04424

	COUNSEL: NONE

	HEARING: YES

APPLICANT REQUESTS THAT:

The following corrections be made to his record:

	a. His separation code and corresponding narrative reason for separation be changed.

	b. His reentry code be changed so that he can reenter the military.

APPLICANT CONTENDS THAT:

His record is not in error; however, his attempts to join other branches of the military have been unsuccessful because of the errors he made over five years ago. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 18 August 2009.

On 9 August 2011, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, Administrative Separation of Airmen, for Drug Abuse and Minor Disciplinary Infractions, as evidenced by one letter of counseling, seven letters of reprimand and three Articles 15.

On 9 August 2011, the applicant acknowledged receipt of the discharge notification and indicated that he consulted with legal counsel and waived his rights to submit statements.

On 22 August 2011, the staff judge advocate found the discharge action legally sufficient and recommended the applicant be separated with a general (under honorable conditions) characterization.  Airmen are not eligible for probation and rehabilitation when the discharge is pursuant to Drug Abuse. 

On 23 August 2011, the discharge authority approved the discharge recommendation.

On 13 September 2011, the applicant was discharged with a general (under honorable conditions) character of service.  His received a reentry code 2B (Separated with a general or under other than-honorable conditions discharge) and a separation code and corresponding narrative reason for separation of JKK (Misconduct-Drug Abuse).  He was credited with 2 years and 26 days of active service.

On 15 April 2015, the applicant submitted a request to the Air Force Discharge Review Board to consider upgrading his discharge characterization.

On 20 July 2016, the Air Force Discharge Review Board informed the applicant that they considered all the facts of the record and determined a change in his discharge was not warranted, but that he may apply to the Air Force Board for Correction of Military Records. 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C-D.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the applicant’s request to change his separation code.  The discharge including the separation code, corresponding narrative reason for separation and character of service are consistent with the procedural and substantive requirements of the AFI 36-3208, and was within the discretion of the discharge authority.  The complete advisory is at Exhibit C.

AFPC/DP2SSM recommends denying the applicant’s request to change the reentry code.  The applicant’s reentry code is not in error and is required per AFI 36-2606, Reenlistment in the United States Air Force, based on his involuntary discharge with a general character of service.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 6 October 2017 for comment (Exhibit E), 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 or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and AFPC/DP2SSM 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).  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.

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 the Board’s understanding of the issues involved.

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.

The application was adjudicated without a personal appearance.

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-2016-04424 in Executive Session on 3 May 2018:

, 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, dated 2 November 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 9 August 2017.
Exhibit D: Advisory opinion, AFPC/DP2SSM, dated 11 August 2017.
Exhibit E:	Notification of Advisory, AFBCMR to applicant, dated 6 October 2017.

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