RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00445

	COUNSEL: NONE

	HEARING: 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 hardship.

APPLICANT CONTENDS THAT:

He had requested to be separated due to a family hardship.  Time was a critical component and he was told that a hardship discharge action could take months to process and was advised that an honorable discharge would be more expeditious and would not affect any of his Veterans Administration (VA) benefits.  He would like his narrative reason for separation changed so that he can qualify for VA benefits.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 28 February 1989.

According to AF Form 31, Airman’s Request for Early Separation - Separation Based on Change in Service Obligation, on 29 November 1990, the applicant requested he be discharged from the Air Force so he can provide financial and emotional support to his mother who had been diagnosed as manic-depressive.  The separation authority approved the request on 10 December 1990.

On 14 December 1990, the applicant was honorably discharged and was credited with 1 year, 9 months and 17 days of active service.  His reentry code is 4G (No AFSC skill level commensurate with grade) and his narrative reason for separation is “Voluntary - Miscellaneous Reasons.”

According to the Federal Benefits Handbook for Veterans, Dependents and Survivors, veterans who enlisted after 7 September 1980, or who entered active duty after 16 October 1981, must have served 24 continuous months or the full period for which they were called to active duty in order to be eligible for Veterans Affairs benefits.  This minimum duty requirement may not apply to veterans discharged for hardship, early out or a disability incurred or aggravated in the line of duty.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and E.

AIR FORCE EVALUATION:

AFPC/DP2SSM does not make a recommendation; however, informs the Board that the 4G reentry code currently annotated on the applicant’s DD Form 214 is incorrect.  The applicant applied for, and was approved for a miscellaneous discharge.  Therefore, according to AFR 35-16, The United States Air Force Reenlistment, Retention, and NCO Status Program, the correct reentry code is 3A (First term Airman who separates before completing 36 months [60 months for a 6-year enlistee] on current enlistment and who has no known disqualifying factors or ineligibility conditions except grade, skill level, and insufficient Total Active Federal Military Service).  Unless otherwise directed by the Board, the applicant’s reentry code will be administratively corrected to 3A.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 11 December 2017, for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  The applicant was appropriately discharged under the provisions of AFR 39-10, Administrative Separation of Airmen, paragraph 3-15 (Miscellaneous Reasons).  The circumstances annotated by the applicant on his AF Form 31 were not unique and appeared to be temporary in nature, which fell under the less stringent criteria for miscellaneous reasons, which allowed for approval by the base discharge authority.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The Board sent a copy of the additional Air Force evaluation to the applicant on 10 May 2018, for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  Therefore, beyond the relief already granted administratively, the Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-00445 in Executive Session on 14 June 2018:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 January 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 17 November 2017.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 11 December 2017.
Exhibit E:	Advisory opinion, AFPC/DP2STM, dated 24 April 2018.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 10 May 2018.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.