RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-01814
		
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His dismissal be upgraded to a general discharge and his court-martial conviction be overturned.

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APPLICANT CONTENDS THAT:

Adultry (sic) is only a military crime.  He has been a civilian for 14 years and believes this conviction should not follow and hinder him from moving forward.

In support of his request, applicant provides a copy of documents extracted from his military personnel records.

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

AFLOA/JAJM reviewed this application and recommends denial.  JAJM states the application is untimely.  There was no evidence in the applicant’s records or submitted showing an error or injustice in the processing of his court-martial or appeal.  

The complete AFLOA/JAJM evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 Dec 10, a copy of the Air Force evaluation was forwarded to applicant for review and comment within 30 days.  To date, a response has not been received (Exhibit E).

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FINDINGS AND CONCLUSIONS OF THE BOARD:

We have carefully reviewed the applicant’s submission and the evidence of record and do not find a sufficient basis to excuse the untimely filing of this application.  The applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records.  The applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits.  Thus, we cannot conclude it would be in the interest of justice to excuse the untimely filing of this application. 

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DECISION OF THE BOARD:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

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The following members of the Board considered Docket Number BC-2002-01814 in Executive Session on 8 Feb 11, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Aug 10, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLOA/JAJM, dated 13 Oct 10.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Dec 10.

							
							Panel Chair