RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01913 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code of “2X” (First-term, second-term or career airman considered but not selected for reenlistment under the Selective Reenlistment Program) be changed so he may reenter the military. APPLICANT CONTENDS THAT: He was discharged for failing his Career Development Course (CDC) tests; however, at that time, he was distracted from preparing for testing because his pregnant wife got into a car accident. He further contends he can prove his ability to now pass CDC tests due to the fact he’s maintained a 4.0 grade point average at two vocational schools and has earned his Airframe and Powerplant (A&P) license. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: On 11 Mar 93, the applicant initially entered the Regular Air Force. On 10 Mar 97, the applicant was separated upon completion of required active service, with an honorable character of service, an RE code of 2X, and was credited with four years of active service. On 22 Sep 00, the applicant was honorably discharged from the Air Force Reserve. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSOA recommends denial, indicating there is no evidence of an error or an injustice. In accordance with AFI 36-2606, Reenlistment in the USAF, commanders have selective reenlistment selection or non-selection authority. The Selective Reenlistment Program (SRP) considers the member’s Enlisted Performance Report (EPR) ratings, Unfavorable Information from any substantiated source, the airman's willingness to comply with Air Force standards and/or the airman's ability (or lack thereof) to meet required training and duty performance levels. While the applicant’s AF Form 418, Selective Reenlistment Program Consideration, non-selecting him for reenlistment could not be found in his personnel record, nor was one provided by the applicant, his official record had indicators of substandard performance that would provide his commander the justification to non-select him for reenlistment. Specifically, the referral AF Form 910, Enlisted Performance Report, ending 10 Nov 95, states the applicant could not grasp many technical principles of his primary duties and failed his CDC tests twice. Additionally, the applicant’s lack of progression in rank is another indicator his performance may not have been to the acceptable standard to obtain his commander’s recommendation for reenlistment. Normally, an E-3/A1C is promoted to E-4/SrA at three years of service. Based on the applicant’s date of rank of 11 Jul 94, it appears he was not promoted with his peers and there is no documentation of a demotion in his record. A complete copy of the AFPC/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 27 Oct 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the available evidence of record, we find the application untimely. 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. 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-2014-01913 in Executive Session on 28 Jan 15 under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01913 was considered: Exhibit A. DD Form 149, dated 30 Apr 14. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOA, dated 18 Aug 14. Exhibit D. Letter, SAF/MRBR, dated 27 Oct 14.