RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00978

	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His honorable conditions discharge be changed to a retirement.

APPLICANT’S CONTENTIONS

He was unjustly discharged due to having too much debt and it prevented him from retiring from the Air Force with a pension.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman first class (E-3).

On 21 Apr 64, the applicant was furnished an other than honorable discharge, for unfitness (attrition), and was credited with two years, eight months, and one day of active service.

On 3 Feb 00, the Air Force Board for Correction of Military Records (AFBCMR) directed the applicant’s characterization of service be upgraded to honorable.

On 10 Jun 15, the AFBCMR denied the applicant’s request to change his separation code and narrative reason for separation.

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

AIR FORCE EVALUATIONS

AFPC/DP2SSR recommends denying the application.  The commander provided sufficient documentation to the Base Discharge Authority (BDA) to support the reason for separation and character of service. The applicant submitted a AFBCMR request to have his character of service upgraded to honorable.  On 3 Feb 00, the AFBCMR approved upgrade of the applicant’s character of service to reflect honorable.  Furthermore, 12 years [sic], 8 months, and 1 day is not enough total active military service to be eligible for retirement, when a minimum of 20 years is the requirement.  Based on review of the master of personnel records and the applicant’s request, there is no error or injustice with the discharge processing.

The complete advisory opinion is at Exhibit C.

AFPC/DP2SSR recommends denying the application.  In accordance with10 United States Code (U.S.C.), Section 08914 (now Section 09134), a regular enlisted member of the Air Force who has at least 20, but less than 30 years of service computed under section 8925 of this title may, upon his request, be retired.  He then becomes a member of the Air Force Reserve (AFR) and shall perform such active duty as may be prescribed by law, plus his inactive service as a member of the AFR, equals 30 years.

The applicant did not complete the required 20 years of active service prior to his discharge to qualify for retirement.  Since he did not complete the service required by law, the applicant cannot be retired.  Based on review of the master personnel record and the applicant’s request, no error or injustice occurred relating to retirement eligibility.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS

The Board sent copies of the advisory opinions to the applicant on 25 Oct 21 for comment (Exhibit E) 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.  Specifically, the applicant did not complete the required 20 years of active service by law prior to his discharge to qualify for retirement.  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-2021-00978 in Executive Session on 15 Dec 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 23 Jan 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSR, dated 25 May 21.
Exhibit D:	Advisory Opinion, AFPC/DP2SSR, dated 27 May 21.
Exhibit E:	Notification of Advisories, SAF/MRBC to Applicant, dated 25 Oct 21.

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.