RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03514

XXXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His reentry code be changed to a code that will allow him to reenlist in the service.

APPLICANT CONTENDS THAT:

His medical records reflect that the diagnosis for which he was discharged for did not exist prior to enlistment.  Before being discharged, he was informed that he would be able to reenlist at a later date if the medical condition was corrected or no longer existed.  His current reentry code prohibits him from reenlisting and pursuing a career in the military.  The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

On 8 October 1999, the applicant received an entry-level separation with uncharacterized service.  His narrative reason for separation is “Discharge Failed Medical/Physical Procurement Standards,” and his reentry code is 4C (Separated for concealment of juvenile records, minority, failure to meet physical standards for enlistment, failure to attain a 9.0 reading grade level as measured by the Air Force Reading Abilities Test, or void enlistments).  He was credited with 1 month and 21 days of active service.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denying the application.  Based on the involuntary discharge with uncharacterized character of service, the correct reentry code is 2C (Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service).  However, it was erroneously recorded as 4C.  Unless otherwise directed by the Board, the applicant’s reentry code will be administratively corrected from 4C to 2C.  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 25 July 2018 for comment (Exhibit D), 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 or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM 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-2017-03514 in Executive Session on 30 August 2018:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atch, dated 25 July 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 25 June 2018.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 25 July 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.