RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05199 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry (RE) code of 4E (Grade is Airman First Class or below and airman completed 31 or more months (55 months for a 6- year enlistees), if a first-term airman; or, grade is airman first class or below and the airman is a second-term or career airman) be changed to allow him to obtain employment with the Department of Veterans Affairs (DVA). ________________________________________________________________ APPLICANT CONTENDS THAT: He was young and immature while in the Air Force and as a result, was discharged due to alcohol related incidents. He has since matured and has been alcohol and alcohol incident related free since his discharge. He learned from his mistakes and is now trying to serve his country with a DVA Information Technology (IT) position. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge From Active Duty. The applicant provides no rationale as to why his failure to timely file should be waived in the interest of justice. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 1 Jun 83, the applicant enlisted in the Regular Air Force. On 15 Mar 89, the applicant was furnished an honorable discharge with a narrative reason for separation of “Early Separation Program - Strength Reduction,” and a RE code of “4E.” He was credited with 5 years, 9 months, and 15 days of total active service. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial indicating the applicant has not provided any proof of an error or injustice. His RE code of 4E is correct in accordance with AFI 36-2606, Reenlistment in the USAF. The applicant was non-selected for reenlistment based on his own actions. He was demoted to the grade of airman first class (A1C, E-3) and his RE code was updated to 4E. The applicant was serving in the grade of A1C at the time of his discharge with 31 months or more Time in Service (TIS). As a result, he was not eligible to reenlist and had to separate due to his grade of A1C and TIS. A complete copy of the DPSOA 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 14 Feb 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the evidence of record, we find the application untimely. 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. The applicant has not shown a sufficient 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-2013-05199 in Executive Session on 9 Sep 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Nov 13, w/atch. Exhibit B. Applicant's Available Master Personnel Records Exhibit C. Letter, AFPC/DPSOA, dated 24 Jan 14. Exhibit D. Letter, SAF/MRBR, dated 14 Feb 14.