RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00009 COUNSEL: NONE INDICATED HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge From Active Duty, be corrected as follows: a.  Block 6, Reserve Obligation Termination Date, be “28 Sep 06” instead of “N/A”. b.  Block 11, Primary Specialty, 3C051 – Communications Computer System Operations Journeyman be “5 years and 1 month” instead of “4 years and 11 months”. c.  Block 23, Type of Separation, be “Release From Active Duty” instead of “Discharge”. d.  Block 26, Separation Code, be “LBK” (Expiration of Term of Service) instead of “KBK” (Completion of Active Service). e.  Block 27, Reentry Code, be “Unknown” instead of “2X” (1st term, 2nd term or career airman considered but not selected for reenlistment). f.  Block 29, Dates of Time Lost During This Period, be “N/A” instead of 6 Aug 02 thru 12 Aug 02. APPLICANT CONTENDS THAT: He had charges filed against him in the year 2002 that were subsequently withdrawn in 2003. As a result, his records were corrected and he received immediate promotion recommendations on his Air Force Form 910, Enlisted Performance Report (AB thru TSGT), for the periods 29 May 2001 thru 28 May 2002 and 29 May 2002 thru 28 May 2003. In addition, an Air Force Reserve recruiter informed him of the error with regards to his Reserve Obligation Termination Date. Since the charges were withdrawn, his DD Form 214 should be corrected as requested. The presence of these noted discrepancies in his records will not allow him the opportunity to explore his options with the USAF Reserve or Maryland Air National Guard (ANG). The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 29 Sep 98. On 5 Aug 02, according to documentation provided by the applicant, he was charged with sexual assault and forcible confinement. On 8 Aug 02, an AF Form 2098, Duty Status Change, was rendered that changed the applicant’s status from present for duty to civilian confinement, effective 6 Aug 02. On 16 Aug 02, an AF Form 2098, was rendered that changed the applicant’s status from civilian confinement to present for duty, effective, 13 Aug 02. He incurred a total loss of seven days for his enlistment. On 4 Jun 03, according to documentation provided by the applicant, the accusations against him on 5 Aug 02 were withdrawn. On 15 Dec 03, the applicant was honorably discharged, with a narrative reason for separation of “Completion of Required Active Service,” and was issued an SPD code of “KBK” (Completion of Active Service) and an RE code of “2X” (1st term, 2nd term or career airman considered but not selected for reenlistment). He was credited with 5 years, 1 month, and 10 days of active service. The applicant’s military personnel records indicate he enlisted in the Air Force Reserve on 24 Jan 14, for a period of three years. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C, D, E, and F. AIR FORCE EVALUATION: AFPC/DPTOS recommends denial with respect to the applicant’s request for his lost time to be reinstated. The reinstatement of lost time is determined by the unit commander at the time of an incident. In this case, the applicant’s commander accounted for his lost time as annotated on the Air Force Form 2098. A complete copy of the AFPC/DPTOS evaluation is at Exhibit C. AFPC/DPSOA recommends denial with respect to the change of the applicant’s RE code. The applicant was issued a RE code 2X at the time of his separation, rendering him ineligible to reenlist. A thorough search of his records did not reveal an AF Form 418, Selective Reenlistment Program Consideration, non-selecting him for reenlistment. However, his separation orders reflect a RE code 2X and that he is eligible for the Transitional Assistance Management Program (TAMP). Only members that are being involuntary discharged or ineligible to reenlist are TAMP eligible when separated. Although it appears the applicant’s AF Form 418 was lost, it is evident from a review of his record that he was denied reenlistment by his commander. AFI 36-2606, Reenlistment in the USAF, indicate commanders have selective reenlistment selection or non-selection authority. The Selective Reenlistment Program (SRP) considers the members Enlisted Performance Report (EPR) ratings, unfavorable information from any substantiated source, the member’s willingness to comply with Air Force standards and/or the member’s ability, or lack of, to meet required training and duty performance levels. Nevertheless, the applicant has had the RE code 2X waived by the United States Air Force Reserve (USAFR) and reentered the military on 24 Jan 14 for three years. If the Board determines the RE code 2X is not appropriate, it is recommended the applicant be issued an RE code 4F (Five or more days loss time during current enlistment) based on his lost time dates of 6 Aug 02 through 12 Aug 02. A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. AFPC/DPSOR recommends denial. There is no evidence that an error or injustice occurred in the processing of the applicant’s discharge. The applicant separated in accordance with (IAW) AFI 36-3208, Administrative Separation of Airmen, at his Expiration of Term of Service (ETS). The service of an airman separated at ETS will be characterized as honorable, in which the applicant received. Also his DD Form 214 reflects a Separation Program Designator (SPD) code of KBK, which stands for “Completion of Active Service”. The applicant’s reserve obligation termination date (also referred to as the Military Service Obligation) annotated on his DD Form 214 currently reflects, “Not Applicable” (N/A). The applicant believes he should have been released and transferred to the USAFR instead of discharged. However, IAW AFI 36-3208, if the reason for separation is for completion of required service and the first character of the reenlistment eligibility code is 2 or 4, then the airman is discharged. In this instance, the applicant’s reason for separation was for completion of required service and he received a RE code 2X due to his non-selection for reenlistment under the selective reenlistment program (SRP). As such, he was discharged with no reserve obligation termination date. Based on the documentation on file in the master personnel records, the discharge to include the type of separation, the SPD code, narrative reason for separation, character of service, and the “Not Applicable” reserve obligation termination date, were appropriately administered and within the discretion of the discharge authority. A complete copy of the AFPC/DPSOR evaluation is at Exhibit E. AFPC/DPSIC recommends denial with respect to the applicant’s request to change the number of years and months annotated on his DD Form 214 for his primary specialty. The instructions provided for the annotation of the primary specialty on the DD Form 214, states to list the number, title and years and months in specialty. In addition, list specialty numbers and titles involving periods of one or more years. The applicant’s primary specialty, 3C051 – Communications Computer System Operations Journeyman is identified with 4 years and 11 months. The applicant’s DD Form 214 reflects he was credited with 5 years, 1 month and 10 days of total active service. The limited service associated with Basic Military Training (BMT) is not counted in the primary specialty calculation. A complete copy of the AFPC/DPSIC evaluation is at Exhibit F. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 12 Sep 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit G). FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the available 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 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 applicant’s failure to file in a timely manner. THE BOARD DETERMINES THAT: 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-2014-00009 in Executive Session on 18 Nov 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 24 Jan 14, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Letter, AFPC/DPTOS, dated 28 May 14. Exhibit D.  Letter, AFPC/DPSOA, dated 12 Jun 14, w/atch. Exhibit E.  Letter, AFPC/DPSOR, dated 25 Jun 14. Exhibit F.  Letter, AFPC/DPSIC, dated 4 Aug 14. Exhibit G.  Letter, SAF/MRBR, dated 12 Sep 14. 5