RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-05100

xxxxxxxxxxxxx	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct his DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect an honorable discharge.

APPLICANT’S CONTENTIONS

He was granted a change in discharge in the mid-90s, but his DD Form 214 does not reflect the change.  This change does not affect any legal or monetary loses to the military or the board, and will only help a veteran to live a better life.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman (E-2).

On 25 Jan 90, the applicant received a general (under honorable conditions) discharge, with a separation code and corresponding narrative reason for separation of JKN ( Misconduct – Pattern of Minor Disciplinary Infractions) and a reenlistment code 2B (Separated with a general or under other than honorable conditions discharge).  He was credited with 5 years, 1 month, and 15 days of active service.

On 25 Jun 93, the applicant submitted a DD Form 293, Application for Review of Discharge or Dismissal from the Armed Forces of the United States, requesting his general (under honorable conditions) discharge be upgraded to an honorable discharge.

On 20 Jul 93, DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, was issued correcting  the applicant’s service dates and deleting “Continuous Active Military Service Date: 11 Dec 1984” from the remarks section.

On 13 Sep 95, the Air Force Discharge Review Board (AFDRB) determined the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and denied the applicant’s request for an upgrade.

On 18 Oct 95, Air Force Review Boards Agency (AFRBA) notified the applicant, by letter, of the AFDRB’s decision.

On 2 Nov 95, the AFRBA letter to the applicant was “returned to sender, attempted, not known.”

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

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 finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Specifically, the applicant states he was granted a change to his discharge in the mid-90’s; however, the evidence indicates change was to his service dates and not his service characterization.  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).  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-2019-05100 in Executive Session on 19 Nov 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, dated 3 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

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.