RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03076
	
		COUNSEL:  NONE
	  (DECEASED FORMERSERVICE MEMBER)

	 (APPLICANT)	HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

Her late-husband’s undesirable discharge be upgraded to a honorable discharge.
________________________________________________________________

APPLICANT CONTENDS THAT:

Her husband received improper, unfair, and abusive treatment by his superiors.  He was not afforded representation at a hearing 
before the Squadron Commander and was not provided any paperwork referencing the specific charges or reason for discharge. 

The service applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________

STATEMENT OF FACTS:

The deceased former service member’s military records were apparently located in the area most heavily damaged in the fire 
at the National Personnel Records Center in 1973.  

According to an NA Form 10338, Certification of Military Service, the deceased former service member served in the Air 
Force from 12 Mar 56 to 29 Mar 60 and received an other than honorable discharge.

According to the deceased former service member’s DD Form 214, 
Armed Forces of the United States Report of Transfer or 
Discharge, he served in the Air Force from 12 Mar 56 to 14 Jan 
59 and received an other than honorable discharge.  

On 2 Apr 14, a request for post-service information was 
forwarded to the former service member for response within 
30 days (Exhibit C).  On 12 Apr 14, the service member’s spouse 
advised the Board that while the service member passed away on 
30 Jun 13, she would like to continue the process to have her 
husband’s discharge upgraded.  She noted she was not aware of 
the circumstances that prompted her husband’s early discharge.  
She further noted the service member was very young when he 
joined the Air Force.  She noted the service member struggled 
with alcoholism, worked as a truck driver, was a talented singer 
and musician, married for 46 years and had two sons and one 
grandson.  The only reference she provided in support of the 
service member’s character was a sympathy card from his friends 
stating he was a fine person (Exhibit D).

On 19 May 14, the Board staff advised the deceased service 
member’s spouse that in order for her to proceed with the 
application she must submit a signed DD Form 149, Application 
for Correction of Military Record, along with documentation 
verifying she had proper standing to request a correction to the 
service member’s records.  She was further advised that her 
deceased spouse’s application had been administratively closed 
(Exhibit E).

By DD Form 149, dated 20 May 14, the applicant requested her 
deceased spouse’s undesirable discharge be upgraded to 
honorable.

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

FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of the applicant’s request and the available evidence of record, we find the application untimely.  
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.  The applicant has not shown a plausible reason for the 
delay in filing, and we are not persuaded 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 applicant’s failure to file in a timely manner.
________________________________________________________________

THE BOARD DETERMINES THAT:

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.
________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2013-03076 in Executive Session on 22 Jul 14, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 23 Jun 13, w/atch.
	Exhibit B.  Former Service Member’s Available Military
	            Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 2 Apr 14, w/atch.
	Exhibit D.  Letter, Applicant, dated 12 Apr 14, w/atch.
	Exhibit E.  Letter, AFBCMR, dated 19 May 14, w/atchs.
	Exhibit F.  Letter, Applicant, dated 20 May 14, w/atchs.
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