RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00567

XXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

The term “Conscientious Objector” be removed from his DD Form 214, Certificate of Release or Discharge from Active Duty.   

APPLICANT’S CONTENTIONS

He served honorably during war and peacetime, and has many awards to prove his loyalty and dedication to the USA.  During his last year in his service, he became one of Jehovah’s Witnesses which required he could not be a member of the military, therefore he voluntarily separated.  He is no longer affiliated with that group, disavows anything the Jehovah’s Witnesses believe when it comes to protecting our country.  Removing “Conscientious Objector” from his DD Form 214, would allow him to become a Law Enforcement Officer.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force technical sergeant (E-6).

On 30 Sep 85, the applicant entered the Regular Air Force.  

On 18 Dec 99, the applicant was honorably discharged, with a Separation Code (SPD): KCM, Reentry (RE) Code: 2N, Narrative Reason For Separation: Conscientious Objector.

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.  A review of the military personnel database confirms the applicant’s SPD code and narrative reason for separation as a Conscientious Objector (CO).  While the applicant’s separation request is absent from his military personnel records, his Report on Individual Personnel (RIP) indicates notification of early separation request by the applicant as a CO with date of separation of 18 Dec 99.  His separation orders and DD Form 214 confirm his discharge as a CO.  Therefore, the SPD code and narrative reason indicated on the applicant’s DD Form 214 is correct as indicated.  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.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 1 Jun 21 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.

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-2021-00567 in Executive Session on 1 Feb 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, w/atchs, dated 6 Dec 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSR, dated 18 May 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 1 Jun 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2021-00567, as required by AFI 36-2603, paragraph 4.11.9.