RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01802

xxxxxxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His narrative reason for separation be changed from “Miscellaneous/General Reasons” to “Reduction in Force.”

APPLICANT’S CONTENTIONS

He was separated under “Reduction in Force” but his DD Form 214, Certificate of Release or Discharge from Active Duty, reflects something different.  He is applying for a Department of Veterans Affair home loan but has not been approved due to the incorrect reason for his separation.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force Reserve airman first class (E-3).

On 15 Jun 04, according to DD Form 214, the applicant entered the Regular Air Force.

On 30 Mar 05, according to DD Form 214, the applicant was released from active duty and transferred to the Air Force Reserve. He was credited with 9 months and 16 days of active service.  His narrative reason for separation is “Miscellaneous/General Reasons.” Item 18, Remarks, indicates “Member has not completed first full term of 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 applicant’s request to change his Separation Program Designator (SPD) code and corresponding narrative reason for separation finding no evidence of an error or injustice with the discharge processing.  The Air Force introduced several programs in order to meet established DoD guidelines to reduce the number of personnel in order to meet end strength quotas.  The Limited Active Duty Service Commitment Waiver Program allowed service members to request to voluntarily separate early prior to completing their required Active Duty Service Commitment.  Service members who submitted voluntary separation applications were instructed to submit their application using the “miscellaneous/general” provision of AFI 36-3208, Administrative Separation of Airmen, paragraph 3.15, which stated Service members who chose not to voluntarily request separation and were subsequently selected for involuntary separation by the Force Shaping Board were the only personnel given the SPD code and narrative reason for separation as “Reduction in Force.”  AFPC/DP2SSR saw no evidence in the applicant’s record that he was selected by the Force Shaping Board for involuntary discharge nor did the applicant provide any such documentation that he would have been provided had he been selected.

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 29 Jul 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/DP2SSR and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Specifically, the Board finds no evidence the applicant was selected by the Force Shaping Board for involuntary separation; these individuals were the only personnel given the narrative reason for separation of “Reduction in Force.”  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-2022-01802 in Executive Session on 19 Jan 23:

, 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 2 Jun 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSR, dated 27 Jul 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 29 Jul 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.