RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02459

	COUNSEL:

 	HEARING: NO	

APPLICANT REQUESTS THAT:

His character of service be changed from Uncharacterized to General (Under Honorable Conditions) (UHC).

APPLICANT CONTENDS THAT:

His unit was not understanding of his need to be at home and take care of his father after suffering a heart attack.  He took 3 days of leave and upon return from leave requested additional leave and was denied.  After his return from leave, he then failed to satisfactorily complete technical training school.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Basic.  

On 29 Aug 94, applicant was notified of his commander’s intent to discharge him for failing to make satisfactory progress in a technical training course.

On 13 Sep 94, the applicant was discharged from the Air Force with an entry level separation (ELS) under the authority of Air Force Regulation (AFR) 39-10, Administrative Separation of Airmen, paragraph 5-22b (3) (Failure to Make Satisfactory Progress in a Required Training Program).

A request for post-service information was forwarded to the applicant on 23 Oct 17 (Exhibit C), but no response has been received.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit D.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  There is no evidence or allegation of error or injustice with the applicants discharge process.  Since the applicant served less than 180 days on active duty at the time the discharge action was initiated, the ELS was in accordance with Department of Defense Instruction (DoDI) 1332.14.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 14 May 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.

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 or injustice.  The Board concurs with the rationale and recommendation of 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.  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-2017-02459 in Executive Session on 19 Jun 18:

All members voted not to correct the record.  The panel considered the following regarding Docket Number BC-2017-02459:

Exhibit A:	Application, DD Form 149, w/atchs, dated 12 May 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	 Letter, AFBCMR, dated 23 Oct 17.
Exhibit D:	Advisory opinion, AFPC/DP2STM, dated 19 Mar 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 14 May18.

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