RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04931 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His reentry (RE) code 2C (Involuntarily separated with an honorable discharge; or entry level separation without service characterization of service) be changed to allow him to renter military service. APPLICANT CONTENDS THAT: He acknowledges he was responsible for the conditions of his discharge. However, it has been four years since his discharge and he has learned and dealt with the consequences of his actions. He believes it is unjust to deny him the opportunity to reenlist if he is able to meet the requirements for reentering military service. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 3 Jan 06, applicant commenced his enlistment in the Regular Air Force. On 12 Apr 10, the applicant’s commander approved his administrative separation for unsatisfactory performance – failure to meet minimum fitness standards with an honorable discharge. The commander suspended the discharge for 12 months and offered an opportunity for probation and rehabilitation (P&R). The terms of the P&R were the applicant must achieve a composite score of 75 or above on three physical fitness assessments on the following dates 1 Jul 10, 1 Oct 10 and 1 Feb 11. If the applicant fails to meet the terms of the P&R the action to vacate the suspension of the discharge will be taken. On 16 Apr 10, the applicant acknowledged and accepted the terms of the P&R agreement. On 7 Jul 10, the applicant participated in a physical fitness assessment and was required to earn an overall composite score of 75 or greater. He received an overall score of 33.00, which constituted an overall unsatisfactory score. On 24 Aug 10, the applicant’s commander notified him he was recommending to vacate the P&R and discharge him from the Air Force for unsatisfactory duty performance due to the failure to meet minimum fitness standards. The specific reason for the discharge action was the applicant on 7 Jul 10 failed to meet the terms of the P&R by not achieving a composite score of 75 on his fitness assessment. On 24 Aug 10, the applicant’s commander advised him of his rights in this matter, and the applicant acknowledged receipt of the notification for discharge and waived his right to submit a statement in his own behalf. The legal office reviewed the case and found it to be legally sufficient and recommended the applicant be honorably discharged. On 8 Sep 10, the discharge authority concurred and directed the applicant be discharged with an honorable discharge. On 13 Sep 10, the applicant was furnished an honorable discharge, and was credited with 4 years, 8 months, and 11 days of active service. AIR FORCE EVALUATION: AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. The applicant failed five fitness assessments within a 24-month period. He was placed on probation and rehabilitation and given standards to meet regarding his fitness. He subsequently failed another fitness assessment and therefore failed to meet and maintain Air Force fitness standards. His commander concluded the applicant was provided every opportunity to improve his fitness performance and continuation for probation and rehabilitation would not be effective. Based on the documentation in the master personnel record, the applicant’s discharge to include this separation code, narrative reason for separation, and character of service was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The applicant’s separation code, narrative reason for separation and character of service are correct as reflected on his DD Form 214. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends denial to upgrade the applicant’s RE code noting there is no evidence of an error or an injustice. The applicant received the appropriate RE code 2C based on his involuntary separation with an honorable service characterization. While the applicant does not contest the circumstances of his separation, he believes he should be allowed to reenlist because he is able to meet the requirements for reenlistment. However, he has not provided any evidence of an error or injustice regarding his RE code. A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 17 Mar 15, for review and comment within 30 days (Exhibit E). 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-2014-04931 in Executive Session on 12 Aug 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04931 was considered: Exhibit A. DD Form 149, dated 22 Nov 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 24 Dec 14. Exhibit D. Memorandum, AFPC/DPSOA, dated 25 Feb 15. Exhibit E. Letter, SAF/MRBR, dated 17 Mar 15. 4 5