RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01650 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: 1. His reason for discharge from the Air Force Reserve be changed. 2. His reserve order and DD Form 256AF, Honorable Discharge Certificate, be changed to remove the statement “DISCHARGED PRIOR TO ETS FOR THE CONVENIENCE OF THE GOVERNMENT.” ___________________________________________________________________ APPLICANT CONTENDS THAT: The correct reason for his discharge was because the Air Force could not guarantee him one of three jobs he specifically requested after testing. He has never had criminal charges pending against him and has had five security background checks within the last three years in addition to the checks done over the course of his lifetime. His father retired from the Air Force and was assigned as an Air Force Recruiter at the time of his enlistment. He never received copies of his discharge papers and now demands his records be updated and corrected as soon as possible. In support of his request, the applicant provides a copy of a letter from the commander of the recruiting detachment, a copy of his Reserve orders, a copy of a letter from the National Personnel Records Center, a personal statement, and a copy of his Background Report. His complete submission, with attachments, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. ___________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPP recommends denial. DPP states the member was found to be disqualified for enlistment based on criminal charges pending against him. The commander’s letter is the only document received that indicates there were pending criminal charges against the applicant. However, DPP notes the DD Form 256AF does not contain the discharge statement the he would like removed. Although the applicant provided a copy of his Background Report from Florida State, DPP notes that he was discharged for pending charges in accordance with the laws in effect at the time. The ARPC/DPP complete evaluation, with attachments, is at Exhibit B. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 4 Jun 10 for review and comment within 30 days. As of this date, this office has received no response. ___________________________________________________________________ FINDINGS AND CONCLUSIONS OF THE BOARD We have carefully reviewed the applicant’s submission and the evidence of record and do not find a sufficient basis to excuse the untimely filing of this application. The applicant did not file within three years after the alleged error or injustice was 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. The applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the untimely filing of this application. ___________________________________________________________________ DECISION OF THE BOARD: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. ___________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01650 in Executive Session on 26 Jan 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 Apr 10, w/atchs. Exhibit B. Letter, ARPC/DPP, dated 20 May 10. Exhibit C. Letter, SAF/MRBR, dated 4 Jun 10.