RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01190

xxxxxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, dated 23 Apr 98, Block 24, Character of Service, be changed from “Uncharacterized” to “Honorable.” 

APPLICANT’S CONTENTIONS

He is currently a Federal civil service employee and wants his time spent in Officer Training School (OTS) credited towards his civilian service eligibility and annuity.  The Human Resource (HR) Retirement and Benefits Unit advised him that even though the separation is for “Accept Commission or Warrant in same Branch of Service,” the Office of Personnel Management (OPM) does not consider the service to be eligible for civilian service retirement credit unless the character of service on his DD Form 214 reflects “Honorable.”  

In support of his request, the applicant provides a copy of his DD Form 214 from OTS and his DD Form 214 as a commissioned officer in the Air Force.  Additionally, the applicant provides a copy of his SF 3107-1, Certified Summary of Federal Service, showing his creditable service calculations and the email from the HR Retirements and Benefits Unit.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force Reserve captain (O-3). 

On 23 Apr 98, the applicant received an entry level separation (ELS) with a character of service of “Uncharacterized” after serving 3 months and 12 days on active duty.  His narrative reason for separation was “Commissioned or Warrant in same Branch of Service.” 

On 24 Apr 98, the applicant entered the Air Force as a commissioned officer and on 28 Jul 02, he was honorably discharged with a narrative reason for separation of “Completion of Required Active Service”  He was credited with four years, three months, and five days of active service.

On 15 Jan 08, according to Reserve Order XXXXX, the applicant was assigned to the Inactive Status List Reserve Section (ISLRS).

On 5 Aug 09, according to Reserve Order XXXXX, the applicant was relieved from assignment in the ISLRS and honorably discharged from the Air Force Reserve.

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

APPLICABLE AUTHORITY/GUIDANCE

DoDI 1332.14, Enlisted Administrative Separations, incorporating changes through 23 Jun 22 reads as follows:

Enclosure 3, section 2 – Selected Changes in Service Obligation

Paragraph a(3) states an enlisted Service member may be separated due to an acceptance of an active duty commission or appointment, or acceptance into a program leading to such commission or appointment in any branch of Military Service.  

Paragraph b(1) states the characterization or description is honorable unless the separation is an entry-level separation and is required in accordance with section 3 of Enclosure 4.

Enclosure 4, section 3 – Characterization of Service or Description of Separation

Paragraph c(1)(a)2 states an uncharacterized separation will be described as an entry-level if separation is initiated while an enlisted Service member is in entry-level status, except when the Secretary concerned, on a case-by-case basis, determined that characterization of service as honorable is clearly warranted by the presence of unusual military duty.  The characterization is authorized when the Service member is separated under Enclosure 3 by reason of selected changes in service obligation.

According to AFI 36-3208, Administrative Separation of Airmen, incorporating changes through 8 Jun 17, paragraph 1.18, the types of service characterization are as follows: 

Entry Level Separation.  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.  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.

Honorable.  The quality of the airman’s service generally has met Air Force standards of acceptable conduct and performance of duty or when a member's service is otherwise so meritorious that any other characterization would be inappropriate. 

Under Honorable Conditions (General).  If an airman’s service has been honest and faithful, this characterization is warranted when significant negative aspects of the airman's conduct or performance of duty outweigh positive aspects of the airman's military record.

Under Other than Honorable Conditions.  When basing the reason for separation on a pattern of behavior or one or more acts or omissions that constitute a significant departure from the conduct expected of airmen.  The member must have an opportunity for a hearing by an administrative discharge board or request discharge in lieu of trial by court-martial.  

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.  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 16 Jun 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 applicant has provided insufficient evidence that an honorable service characterization during his active service at 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-2022-01190 in Executive Session on 20 Oct 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 24 Mar 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSR, dated 23 May 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 16 Jun 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.