RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04639

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

The narrative reason for separation on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect “Reduction in Force,” versus “Volunteered to Serve with the ANGUS.” 


APPLICANT CONTENDS THAT:

While he did volunteer to transfer to the Air National Guard (ANG), he did so when offered the opportunity along with everyone in his unit because the Air Force was going through a Reduction in Force (RIF).  He is being denied 
Department of Veterans Affairs (DVA) entitlements because he doesn’t have enough time in service in the Regular Air Force or ANG, however, if his DD Form 214 reason for separation was “RIF,” he would be eligible for DVA benefits.  

The applicant’s complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 13 Dec 82

On 20 Aug 84, the applicant was furnished an honorable discharge, was credited with one year, eight months, and eight days of active service, and transferred to the ANG.  

On 4 Apr 89, the applicant separated from the ANG, and was credited with five years, ten months, and six days of Reserve component service.   

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’s request is not timely filed within three years of discovery of the alleged error or injustice, and it is not in the interest of 
justice to waive the failure to timely file.  In review of the applicant’s personnel records they determined that he was separated from the Air Force 20 Aug 84, under the provisions of AFR 39-10, Administrative Separation of Airmen, 
para 2-14 (Service With an ANGUS or USAFR Unit – Palace Chase) with an honorable discharge.  The applicant voluntarily requested release from the active service in order to join the ANG via the Palace Chase Program.  RIF was not a 
voluntary program and required individuals to meet a RIF board for determination to retain or separate an individual.  If the decision was made to separate the individual involuntarily as a result of the board, “Reduction In Force” was 
placed on the DD Form 214 as the reason for separation.  Therefore, since the applicant voluntarily requested separation and joined the ANG before potentially meeting any type of RIF board, both the SPD code and the narrative reason 
for separation on the applicant’s DD Form 214 are correct as indicated.  

A complete copy of the AFPC/DPSOR 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 25 Feb 15 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-2014-04639 in Executive Session on 14 Jul 15, under the provisions of AFI 36-2603:

	


The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04639 was considered:

	Exhibit A.  DD Form 149, dated 14 Oct 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 23 Dec 14.
	Exhibit D.  Letter, SAF/MRBR, dated 25 Feb 15.