RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-00667 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Reentry (RE) code of 2Q (Personnel medically retired or discharged), be changed so he can reenlist. APPLICANT CONTENDS THAT: The medical condition for which he was discharged has been resolved. In support of his request, the applicant provides a personal statement, copies of a physician’s letter and other documents related to his appeal. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 25 October 2005, the applicant entered the Regular Air Force. On 10 February 2011, via AF Form 418, Selective Reenlistment Program Consideration for Airmen in the Regular Air Force/Air Force Reserve, the applicant was notified by his commander that he was not recommending him for reenlistment in the Air Force. His reason for this action was the applicant had been unable to maintain minimum standards for conduct or behavior consistent with service in the United States Air Force. This is evidenced by two letters of counseling, five letters of reprimand, and one Article 15. On 14 February 2011, the applicant acknowledged receipt of his non-selection for reenlistment and indicated that he did not intend to appeal this decision. According to AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 7 April 2011, the informal Physical Evaluation Board (IPEB) found the applicant unfit based on a diagnosis of back pain due to degenerative disc disease with radiculopathy and recommended discharge with severance pay with a 10 percent disability rating in accordance with Department of Defense guidance for applying the Veterans Administration Schedule for Rating Disabilities code 5243. According to AF Form 1180, Action on Informal Physical Evaluation Board Findings and Recommended Disposition, dated 13 April 2011, the applicant agreed with the IPEB findings. According to AFPC/DPSD memorandum dated 22 April 2011, the Secretary of the Air Force directed the applicant be separated from active service for a physical disability under the provisions of Title 10, United States Code 1203, Retirement or Separation for Physical Disability, with severance pay computed under section 1212 of this title. On 30 June 2011, the applicant was honorably discharged from the Air Force in the grade of senior airman (E-4) with an RE Code of 2Q. His narrative reason for separation is “Disability Severance pay Non-Combat.” 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/DPSOA recommends denial indicating there is no evidence of an error or an injustice. Prior to the applicant’s medical discharge, his commander denied his reenlistment. AFI 36-2606, Reenlistments in the United States Air Force, states commanders have selective reenlistment selection or non-selection authority. The commander considers the member’s Enlisted Performance Report ratings, unfavorable information from any substantiated source, the airman’s willingness to comply with Air Force standards and/or the airman’s ability (or lack of) to meet required training and duty performance levels. It is clear the applicant’s commander had justification for denial of reenlistment as the applicant received two nonjudicial punishments, two letters of counseling, and five letters of reprimand for numerous disciplinary infractions during this enlistment as identified on the AF Form 418. The applicant received RE code 2Q once he was approved for a disability discharge and now requests a change of RE code to allow reentry because he longer has a medical condition. However, prior to his medical discharge, he was ineligible to reenlist due to the aforementioned disciplinary infractions. If the applicant was not discharged for disability reasons, he would have been forced to separate on his normal date of separation with an RE code 2X (First Term, Second Term, or Career Airman nonselected for reenlistment). A complete copy of the AFPC/DPSOA evaluation is at Exhibit C. AFPC/DPFDD recommends denial indicating there is no evidence of an error or an injustice. The applicant was processed through the Disability Evaluation System and was recommended for disability discharge on 7 April 2011. He concurred with the IPEB’s findings on 13 April 2011, and on 30 June 2011 the applicant was medically discharged from the United States Air Force. A complete copy of the AFPC/DPFDD evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 16 November 2015, copies of the Air Force evaluations were forwarded to the applicant 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. The 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, Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago. The 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 applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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-2015-00667 in Executive Session on 21 January 2016, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 February 2015, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOA, dated 22 April 2015. Exhibit D. Memorandum, AFPC/DPFDD, dated 28 October 2015. Exhibit E. Letter, AFBCMR, dated 16 November 2015.