RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-04248

XXXXXXXXXXXX	COUNSEL:   NONE

 	HEARING REQUESTED:   NO

APPLICANT’S REQUEST

Her separation program designator (SPD) code on her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed from JFL to JFL1.

APPLICANT’S CONTENTIONS

The SPD code “JFL – Physical Disability Severance Pay or Juvenile Offender” is incorrect.  The code should be amended to “JFL1 – Physical Disability with Severance Pay, United States Air Force (USAF).” She served honorably in the Air Force and received no negative markings.  Her DD Form 214 was completed in haste and the code has caused problems with the Department of Veterans Affairs (VA). 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former airman basic (E-1), honorably discharged from the Regular Air Force.

On 18 Jan 05, the Physical Evaluation Board (PEB) determined the applicant was physically unfit for continued military service and directed she be discharged with severance pay.

On 21 Jan 05, the applicant was furnished a DD Form 214 with an Entry Level Separation, an SPD code of JFL, and the corresponding narrative reason for separation of Disability Severance Pay.  She was credited with 5 months and 25 days of active duty 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/DPFDD recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice in regards to the use of SPD code JFL. Evidence confirmed that the applicant was found unfit with a recommendation of Discharge with Severance Pay (DWSP); therefore, SPD code JFL is the appropriate code IAW AFI 36-3212, Physical Evaluation for Retention, Retirement and Separation, and the SPD Code Matrix.
The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 19 Sep 19 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDD and finds 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 of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-04248 in Executive Session on 12 and 15 May 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 23 Aug 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, w/atchs, dated 18 Sep 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 19 Sep 19.
Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9, for Dockett Number BC-2019-04248.