ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-00200

xxxxxxxxxxxxxxxxxxxxx	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

The Board reconsider its denial of his previous request to upgrade his undesirable discharge to honorable.

RESUME OF THE CASE:

On 15 May 2002, the Board considered and denied a request for correction of military records submitted by the applicant, finding that the applicant had provided insufficient evidence of an error or injustice.  For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit F.

On 24 August 2017, the applicant requested reconsideration of his request.  He again contends that prior to his discharge, he pled guilty so that he could get medical attention but he never received any medical help.  In addition, he was never provided legal counsel.  It has been nearly 70 years since his discharge and his sincere hope is that the Board will favorably consider his request and upgrade his discharge to honorable.

On 18 December 2017, the Board sent a request for post-service information to the applicant (Exhibit H), but has received no response.

The applicant’s complete submission, with attachments, is at Exhibit G.

THE BOARD CONCLUDES THAT:

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice and so finds no basis to recommend granting the requested relief.  The applicant raises matters, such as denial of representation in state court, that are outside the Board’s ability to assess or remedy.  Further, the applicant himself notes it has been nearly 70 years since his discharge.  Under Section 1552 of Title 10, United States Code, applicants must file within three years of discovering the alleged error or injustice for which they seek correction by the Board.   The Board may waive the time limit in the interest of justice, which would include a grant of clemency, but doing so in this case would be inconsistent with the Board’s past practice since the applicant has not provided post-service information.  Therefore, the Board recommends against correcting the applicant’s record.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2002-00200 in Executive Session on 2 August 2018:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit F:	Record of Proceedings, w/ Exhibits A-E, dated 23 May 2002.
Exhibit G:	Application, DD Form 149, w/atchs, dated 24 August 2017.
Exhibit H:	Post Service Clemency Letter, w/atch, SAF/MRBC, dated 18 December 2017. 

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.