RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02313

XXXXXXX	COUNSEL: NONE

 	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

The uncharacterized discharge on his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 7 Aug 03, be upgraded to honorable.

APPLICANT’S CONTENTIONS

He completed Officer Training School and believes the character of service on his DD Form 214 should reflect honorable.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

According to the applicant’s initial DD Form 214 for the period 15 May 03 to 7 Aug 03, he completed a 12-week Officer Basic Military Training Precommissioning course in Aug 03.  On 7 Aug 03, the applicant was discharged with an entry level separation and uncharacterized service after serving 2 months and 23 days of total active service.  His narrative reason for separation is “Commissioned or Warrant in Same Branch of Service.”

According to DD Form 214 for the period 8 Aug 03 to 15 Mar 11, the applicant was honorably discharged in the grade of captain (O-3).  His narrative reason for separation is “Completion of Required Active Service.”  He was credited with seven years, seven months and eight days of total active 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/DP2SSR recommends denying the application.  Based on a review of the applicant’s request, there is no error or injustice with the preparation of the DD Form 214.  In accordance with the Department of Defense (DoD), airmen are in entry level status with uncharacterized service characterization during the first 180 days of continuous active military service.  The 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 applicant attended and completed Officer Training School in a period of less than 180 days.  Therefore, to grant relief would be contrary to the criteria established by DoDI 1332.14, Enlisted Administrative Separations.

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 17 Feb 22 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/DP2SSP 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-2021-02313 in Executive Session on 18 Aug 22:

, 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 26 Jun 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSR, dated 16 Feb 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 17 Feb 22.

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.