RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-00094

						COUNSEL:  NONE

						HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

Her debt in the amount of $63,000.00 be waived.


APPLICANT CONTENDS THAT:

She did not receive severance pay; however, part of her Veterans Administration (VA) monthly compensation is being held to repay this debt.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

On 13 Oct 81, the applicant entered the Regular Air Force.

On 12 Oct 85, the applicant was furnished an Honorable discharge, and was credited with four years of active service.   

On 26 Apr 89, the applicant enlisted in the Air Force Reserve (AFR).

According to Special Order Number R.O. A-344 dated 9 Sep 03, the applicant was determined to be physically unfit for continued service and directed discharge with severance pay in the grade of Master Sergeant (E-7).

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:

AFRC/A1K makes no recommendation due to the untimeliness of the application and the lack of supporting documentation.  The applicant states a date of discovery of April 2010; but did not submit the application until January 2014.  This is beyond the three year limit and no justification was provided on the lateness of the application.  Although the application states at the time the injustice occurred the applicant was assigned to the 446th Logistics Support Squadron (AFRC), McChord AFB, WA, based on the member’s record she separated from active duty and is currently assigned to the Air Force Personnel Center since 14 Dec 02.  The applicant did not provide any additional supporting documentation along with reserve assignment status to substantiate the alleged error or injustice.

A complete copy of the AFRC/A1K 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 9 Nov 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.  Further, the applicant has not shown a plausible reason for the delay in filing, nor provided any evidence of the debt she contends; therefore, 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-2015-00094 in Executive Session on 15 Dec 15, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member



The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00094 was considered:

	Exhibit A.  DD Form 149, dated 21 Jan 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFRC/A1K, dated 2 Nov 15.
	Exhibit D.  Letter, SAF/MRBR, dated 9 Nov 15.