RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00654

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES	

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, effective 25 Oct 83, be corrected to show his Character of Service as “Honorable” instead of “Not Applicable.”  

APPLICANT’S CONTENTIONS

His DD Form 214 must be corrected to enable the period of his military service while in Officer Training School (OTS) to be creditable towards his civil service retirement.  His recently filed Standard Form (SF) 3108, Application to Make Service Credit Payment, and SF 3108A, Application to Pay Military Deposit for Military Service Performed After 31 Dec 56, are on hold and cannot be approved due to his DD Form 214 issued for OTS incorrectly indicating his character of service as “NOT APPLICABLE.” He did not have a break in service between OTS and active duty; therefore, the correction is required.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force Reserve captain (O-3).

DD Form 214 for the period 22 Jul 83 thru 25 Oct 83, provided by the applicant, shows the applicant received an Entry Level Separation as a staff sergeant with service characterized as Not Applicable.  His narrative reason for separation is To Accept Commission in the AF from Officer Training Program.  He was credited with three months and four days of Net Active Service.

DD Form 214 for the period 26 Oct 83 thru 31 Dec 92, provided by the applicant, shows the applicant was released from active duty with service characterized as Honorable.  His narrative reason for separation is Vol release/Transfer to Another Svc Component for Early Release Program-Vol Sep Incentive.  He was credited with nine years, two months, and five days of Net Active Service and the DD Form 214 also shows three months and four days of Prior Active Service.

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application.  Airmen are in entry level status during the first 180 days of continuous active military service. In accordance with Department of Defense Instruction (DoDI) 1332.14, Enlisted Administrative Separations, 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 completed OTS in a period of less than 180 days.  Based on review of the applicant’s request, there is no error or injustice with the discharge processing.

The complete advisory opinion is at Exhibit B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 26 Jul 21 for comment (Exhibit C), 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-2021-00654 in Executive Session on 28 Sep 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 14 Oct 20. 
Exhibit B:	Advisory Opinion, AFPC/DP2SSR, dated 29 Jun 21. 
Exhibit C:	Notification of Advisory, SAF/MRBC to Applicant, dated 26 Jul 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.