RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02420

XXXXXXXXXXXXXXX	COUNSEL: NONE	

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, issued on 4 Apr 02, be amended to show an honorable discharge, instead of an uncharacterized character of service.    

APPLICANT’S CONTENTIONS

The Army human resources specialist advised they are unable to process his military deposit for his time at officer training school (OTS) from 10 Jan 02 to 4 Apr 02 since the DD Form 214 reflects his service was uncharacterized.  They are only able to accept DD Forms 214 that show an honorable discharge.  He graduated from OTS honorably and started his career as an Air Force officer.  The uncharacterized discharge is a clerical error.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is former Air Force captain (O-3).

The applicant completed a period of active duty from 10 Jan 02 to 4 Apr 02 for OTS attendance.  He was discharged in the grade of staff sergeant (E-5) with an entry-level separation (ELS), uncharacterized character of service and narrative reason for separation of “Commissioned or warrant in same branch of service.”  He was credited with 2 months and 25 days of active duty service for the period.  

He was commissioned on 5 Apr 02 and honorably released from active duty in the grade of captain on 29 Sep 06.  

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

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denial.  Airmen are in entry-level status during the first 180 days of continuous active service.  The Department of Defense (DOD) determined if a member served less than 180 days of 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 14 Dec 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.  The Board concurs with the rationale and recommendation of AFPC/DP2SSR 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-2020-02420 in Executive Session on 28 Jan 21:

 , 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 19 May 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 14 Dec 20
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 14 Dec 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.