RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00035

XXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, for Officer Training School be amended to reflect an “honorable” service characterization.

APPLICANT CONTENDS THAT:

He is a civil service employee unable to buy back active duty time because the Office of Personnel Management will not accept his DD Form 214 that does not reflect an honorable discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force Reserve Lieutenant Colonel.

According to Special Order, AH 2214, dated 12 Jul 85, paragraph 1 reads; Each of the staff sergeants (unless otherwise indicated) listed in paragraph 3, is relieved from assignment/attachment, HQ OTS, USAF, ATC, this Base, and individuals identified by (*) are “entry-level discharge” and all others are honorably discharged effective  29 Jul 85.  Authority: AFR 39-10, Administrative Separation of Airmen, paragraph 1-19, Chap 1, Sec A, and paragraph 2-11, Chap 2, Sec A (amended).  The applicant has an (*) adjacent to his name in paragraph 3.

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

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  In accordance with AFR 39-10, paragraph 2-10, the service of airmen separated for a reason in paragraphs 2-11 through 2-18 will be characterized as honorable unless an entry level separation is required according to paragraph 1-19.”  Paragraph 1-19 states:  Airmen are in entry-level status during the first 180 days of continuous active military service.  A separation action initiated while the airman is in entry level status will be described as entry level.”  Based on review of the applicant’s request, there is no error or injustice with 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 21 Jun 08 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/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-2018-00035 in Executive Session on 6 Sep 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 20 Dec 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 12 Apr 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 21 Jun 08.

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