RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02673 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected as follows: a. Block 26 – Separation Code: “488” changed to a code more appropriate to coincide with his Honorable discharge. b. Block 28 – Narrative Reason for Separation: “Attrition” changed to a code more appropriate to coincide with his Honorable discharge. APPLICANT CONTENDS THAT: He was involuntarily discharged with an Other Than Honorable characterization of service on 21 Apr 64 and on 3 Feb 00 the Air Force Board for Correction of Military Records determined his characterization of service should be upgraded to reflect Honorable; however, they failed to correct the corresponding separation code and narrative reason for separation. His narrative reason for separation lists “Attrition”. This was not the reason for his discharge, he was involuntary discharged. The term attrition is defined as: a reduction or decrease in the number, size or strength, a gradual reduction in work force. This does not accurately reflect his reason for separation. In support of his request, the applicant provided copies of his updated DD Form 214, a letter from his Congressman, dated 27 Jun 14, Memorandum - AFPC/DPPRS, dated 9 Oct 99, which recommended the service characterization upgrade, and a Memorandum – AFBCMR, dated 3 Feb 00. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 21 Aug 61. On 11 Mar 64, the applicant’s commander recommended that he be considered for separation in accordance with AFR 39-17, Discharge of Airmen Because of Unfitness, for a pattern showing dishonorable failure to pay just debts. The applicant was afforded the opportunity to consult with legal counsel and submitted a statement on his own behalf. On 30 Mar 64, the discharge authority approved the applicant’s separation. On 21 Apr 64, the applicant was furnished an Other Than Honorable discharge, and was credited with 2 years, 8 months, and 1 day of active service. On 3 Feb 00, the Air Force Board for Correction of Military Records directed the applicant’s characterization of service upgraded to “Honorable”. On 22 Feb 00, AFPC/DPPRRA issued the applicant a new DD Form 214 reflecting an Honorable discharge, and a DD Form 256, Honorable Discharge Certificate. 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/DPSOR recommends denial indicating there is no evidence of an error or an injustice. The applicant was discharge in accordance with AFR 39-17, Discharge of Airmen Because of Unfitness. Included in this application is an established pattern showing dishonorable failure to pay just debts or other established pattern of financial irresponsibility. In addition, the Separation Program Designator (SPD) “488” is for “Attrition, Unfitness, AFR 39-17”, therefore, it is their conclusion that this was the most accurate SPD code to use at the time of the applicant’s discharge. Therefore, the SPD code is correct as indicated on the applicant’s DD Form 214. The narrative reason for separation could be adjusted to reflect the “unfitness” portion of the SPD since that is the appropriate reference; however, it is their opinion that a change of this nature does not improve the applicant’s position; therefore, it should be left to the term “attrition”. The applicant has already received an upgrade to Honorable. No other change to the discharge is warranted in this case. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant refutes virtually every point made by the OPR and argues that his previous upgrade by the Air Force Board of Correction of Military Records proves that the Air Force violated not only its own rules, regulations and laws, it violated his civil rights. In support of his response, the applicant provides a five page letter, dated 16 Dec 14, along with 22 pages of supporting documentation for the Board’s consideration. The applicant also submitted a new letter for the Board’s consideration in which he contends the Air Force Advisory does not understand his main concerns. He clarifies that his primary concern today is not to have the Board correct his SPD code or narrative reasons for separation. His civil rights have been violated and that he did not get due process when he was separated in Apr 1964. 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-2014-02673 in Executive Session on 5 May 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02673 was considered: Exhibit A. DD Form 149, dated 20 Jun 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 4 Sep 14. Exhibit D. Letter, SAF/MRBR, dated 17 Nov 14. Exhibit E. Applicant’s Letter, dated 16 Dec 14. Exhibit F. Applicant’s Letter, undated. Exhibit G. Applicant’s Letter, dated Apr 15.