RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-05043

XXXXXXXXXXXXXXXXXX			COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

His reenlistment code be changed from 3B [sic] (for First Term, Second Term or Career Airman who was ineligible to reenlist, the ineligibility condition no longer exists, and the Airman requires SRP consideration or reconsideration) to 3A (for First Term Airman [FTA] 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 TAFMS; or FTA "involuntarily separated" [entry-level] for inability to satisfactorily progress in a required training program without characterization of service; or a FTA "involuntarily separated" for failure to progress in military training required to be qualified for service with the Air Force or for performance of primary duties).

APPLICANT CONTENDS THAT:

He has taken responsibility for his actions.  Since his discharge he has reformed his life, and taken steps to better himself.  His goal is to enlist into the Army.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.  

On 20 Jun 13, the applicant was notified of the commander’s intent to recommend the applicant be discharged from the Air Force for a pattern of misconduct.  The reasons for the action include:

a.  The applicant was sleeping on post-received Article 15, reduction to airman first class, 7 days extra duty, and reprimand.

	b.  The applicant submitted false information in response to Article 15 proceedings-received Article 15, reduction to airman basic, 7 days restriction to base, and 14 days extra duty.
	
	c.  Other miscellaneous misconduct including:  Left Commander’s Call early/unescorted female in dormitory-received letter of reprimand (LOR)/Unfavorable Information File (UIF); late to work-received LOR; failed dorm room inspection-received LOR/UIF; late to work-received LOR/UIF; driving without registration/inspection-received LOR/UIF; departed local area prior to start of leave-received LOR; improper weapons clearing-received LOR; late payment of debts-received letter of counseling (LOC); and failed to give post briefing-received LOC.

On 10 Jul 13, the discharge authority approved the recommendation.  

On 26 Jul 13, the applicant was furnished a general, under honorable conditions discharge, with a reentry code of 2B (for Separated with a general or under-other-than-honorable-conditions [UOTHC] discharge).

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.  

The applicant provided no evidence of an error.  His current reentry code of 2B is based on involuntary discharge with general character of service.  Reentry code of 3A is used for 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 time in service.  A reentry code of 3A would be inappropriate since the applicant had known disqualifying/ineligibility factors.  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 9 Mar 18 for comment (Exhibit D), and the applicant replied on 14 Apr 18.  The applicant admits there is no error.  However, he is asking for a second chance, and requests leniency.  He has served his punishment, has learned from his mistakes, and wants to be an example to others.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES:

1.  The application was not timely file.

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).  Moreover the applicant has offered no plausible reason for the delay in filing the application.  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:  

The applicant be informed that 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-2017-05043 in Executive Session on 10 Jul 18:

, 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/atchs, dated 16 Nov 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFPC/DP2SSM, dated 8 Dec 18.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 9 Mar 18.
Exhibit E:  Applicant’s response, dated 14 Apr 18.

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