RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-00806

XXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

The character of service on his DD Form 214, Certificate of Release or Discharge from Active Duty, for the period 7 Jan 85 through 4 Apr 85, be changed from “Not Applicable” to honorable.

APPLICANT’S CONTENTIONS

“Not Applicable” is not one of the valid entries per Department of Defense Instruction (DoDI) 1336.1, Certificate of Release or Discharge From Active Duty (DD Form 214/5 Series).  He believes an administrative error was made following Officer Training School (OTS).  He is about to retire from Civil Service, and was told he could not apply his time in OTS to his Service Computation Date because the discharge was not honorable.  He finished OTS honorably and spent over seven active duty years in the Air Force following OTS.  If this cannot be changed, he would like the Air Force Instruction or policy that states it is a valid entry.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force captain (O-3).

On 4 Apr 85, according to DD Form 214 provided by the applicant, he received an entry level separation with a “Not Applicable” character of service.  His separation code and corresponding narrative reason for separation is KGM (To Accept Commission in the AF from Officer Training Program).  His was credited with 2 months, 28 days active service.

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

APPLICABLE AUTHORITY

Air Force Regulation (AFR) 35-6, Separation Documents, dated 28 Dec 83.  Table 4, Rule 48 (Character of Service).  As determined under directives authorizing separation, enter “Not Applicable” for officers dismissed by court-martial and airmen whose separation is described as entry-level.

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application.  The applicant completed OTS in a period of less than 180 days.  In accordance with DoDI 1332.14, Enlisted Administrative Separations, airmen are in entry-level status during the first 180 days of continuous active military service.  DoD determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service.

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 10 Sep 20 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.  Following completion of OTS, the applicant received a DD Form 214 with an entry level separation since he served on active duty for less than 180 days.  The applicant argues that according to DoDI 1336.1, “Not Applicable” is not an authorized entry on the DD Form 214.  However, as noted above, during the applicant’s period of service, “Not Applicable” was the appropriate character of service for airmen whose separation was described as entry-level.  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-2020-00806 in Executive Session on 3 Dec 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 3 Dec 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSR, dated 9 Sep 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 10 Sep 20.

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.