RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-05056

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

The narrative reason for separation on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be changed from “Miscellaneous/General Reasons,” to “Force Reduction.”  

APPLICANT CONTENDS THAT:

He was separated honorably via the FY 04 Force Shaping Program and his narrative reason should reflect “reduction in force.”  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant was honorably discharged on 1 Oct 04, and credited with one year, four months, and eleven 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/DP2STM recommends denying the application.  The applicant has not filed a timely application and it is not in the interest of justice to waive the failure to timely file.  Notwithstanding timeliness, the discharge was consistent with the procedural and substantive requirements of the Force Shaping Program and the discharge instruction.  They found no evidence of an error or injustice in the discharge processing.  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 4 Jan 18 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 and injustice.  The Board concurs with AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the claimant 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 claimant has offered no plausible reason for the delay in filing the application.  Therefore, 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-2017-05056 in Executive Session on 17 July 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, dated 10 Nov 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 22 Dec 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 4 Jan 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, pertaining to Docket Number BC-2017-05056.