RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00539

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES	

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, dated 17 November 1983, Block 24 “Character of Service” be changed from “Not Applicable” to “Honorable.” 

APPLICANT’S CONTENTIONS

He is currently an Air Force civil service employee and wants his time spent in Officer Training School credited towards his civilian service eligibility and annuity.  The Air Force Personnel Center (AFPC) will not credit his civilian service eligibility unless the character of service on his DD Form 214 reflects “Honorable.”

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force colonel (O-6.)

On 17 November 1983, the applicant received an entry level separation with a character of service, of “Not Applicable” after serving 3 months on active duty.  His narrative reason for separation is “To Accept Commission in the AF from Officer Training Program.” 

On 18 November 1983, the applicant entered the Regular Air Force and on 29 February 1996, he was honorably discharged and credited with 12 years, 6 months, and 12 days of active service 

On 1 March 1996, according to Reserve Order PC-356, the applicant was appointed as a Reserve of the Air Force, in the grade of O-3

On 1 December 2009, the applicant was assigned to the Retired Reserve in the grade of O-6. 

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

APPLICABLE AUTHORITY

Air Force Instruction 36-3208, Administrative Separation of Airmen, 14 October 1994.  Airmen are in entry level status during the first 180 days of continuous active military service or the first 180 days of continuous active military service after a break of more than 92 days of active service. Individuals in an entry level status will separate without service characterization.  Determine the member's status by the date of notification; thus, if the member is in entry level status when initiating the separation action, describe it as an entry level separation unless:

A service characterization of under other than honorable conditions is authorized under the reason for discharge and is warranted by the circumstances of the case; or 

The Secretary of the Air Force determines, on a case-by-case basis, that characterization as honorable is clearly warranted by unusual circumstances of personal conduct and performance of military duty.  The separation authority will forward a recommendation for an honorable characterization to HQ AFMPC/DPMARS2, 550 C Street West, Ste 11, Randolph AFB TX 78150-4713, for review and further processing. Use this characterization if the reason for separation is:

• A change in military status according to chapter 2; or
• For the convenience of the government according to chapter 3; or
• For disability according to AFI 36-2902 (formerly AFR 35-4); or
• Directed by the Secretary of the Air Force according to paragraph 1.2.

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application.  Based on review of the applicant’s request, there is no error or injustice with the discharge processing.  The applicant completed OTS in a period of less than 180 days.  Airmen are in entry level status during the first 180 days of continuous active military service.  The Department of Defense (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.  To grant relief would be contrary to the criteria established by DoD guidance.

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 21 May 2021 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 applicant has provided insufficient evidence that an honorable service characterization during his active service during OTS is clearly warranted by unusual circumstances of personal conduct and performance of military duty. Therefore, 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.  

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2021-00539 in Executive Session on 22 July 2021:

, 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 8 October 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSR, dated 20 May 2021.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 21 May 2021.

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.