RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04676

						COUNSEL:  NONE

						HEARING DESIRED:  YES 



APPLICANT REQUESTS THAT:

1.  His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect his date of separation (DOS) was 29 Mar 86 versus 27 Feb 86. 

2.  His discharge code be corrected.


APPLICANT CONTENDS THAT:

He took terminal leave and the current DOS listed on his DD Form 214 is 30 days earlier than it should be.  He needs the 30 days in order to be able to retire with 20 years of service.  Also, his discharge code is incorrect because he 
did not get out early. 

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 28 Mar 80.

On 27 Feb 86, the applicant was furnished an honorable discharge, and was credited with five years, and eleven months of active 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 was not timely filed within three years of discovery of the alleged error or injustice, and he does not provide any 
reason as to why he failed to submit an application to correct his records within three years of discharge.  In review of the applicant’s personnel records, documentation listing specific details concerning the applicant’s discharge 
from the Air Force was absent from the record.  However, there was sufficient information that indicated the applicant separated from the Air Force upon completion of his final extended enlistment for thirteen months, signed 29 Nov 83.  Based on his separation orders, original DD 214, and AF FM 330, Records Transmittal Request, he was given an honorable discharge and was separated on 27 Feb 86.  

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 Jul 15, the applicant responded to the OPR advisory by requesting that the Board revoke his discharge orders so he can complete his 20 years of service prior to the age of 62, or make him eligible for retirement pay with 19 years 
and 11 months of service.  In support of his requested relief, he provided the following documents: 

1.  A copy of his on-line application to the Army Review Boards Agency.

2.  A copy of his United States Army Reserve discharge orders, dated 15 Oct 14.

3.  A copy of SAF/MRBR’s letter advising him of the Air Force Evaluation of his case, dated 25 Feb 15.

4.  A copy of AHRC Form 249-E, Chronological Statement of Retirement Points, dated 28 Apr 15.

5.  A copy of the AFPC/DPSOR Advisory, dated 27 Jan 15.

6.  Photo copies of his North Carolina Driver’s License, and his Military ID.

7.  A copy of a computer printout of various personnel actions.

8.  A copy of his Army National Guard Retirement Points History Statement.    

A complete copy of the applicant’s response with attachments is at Exhibit E.




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-2014-04676 in Executive Session on 14 Jul 15 under the provisions of AFI 36-2603:

	

The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04676 was considered:

	Exhibit A.  DD Form 149, dated 14 Nov 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 27 Jan 15.
	Exhibit D.  Letter, SAF/MRBR, dated 25 Feb 15.
	Exhibit E.  Letter, Applicant, dated 10 Jul 15, w/atchs.