RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03837 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to a general (under honorable conditions) discharge. ________________________________________________________________ APPLICANT CONTENDS THAT: Around 1980, he received a general (under honorable conditions) discharge. In support of his request, the applicant provides a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 23 Feb 56. On 20 Nov 59, the applicant was furnished a UOTHC discharge for unfitness and was credited with three years, seven months and one day of total active service. On 28 Oct 80, the Air Force Discharge Review Board (AFDRB) denied the applicant’s request to upgrade his UOTHC discharge to a general discharge, indicating the discharge was consistent with the procedural and substantive requirements of the discharge regulations and was within the sound discretion of the discharge authority. The Board concluded that during the applicant’s approximately 19 months of service, he was in military and civilian confinement for practically two months and he displayed a disregard for military authority and a lack of interest in progressing within his career field. On 21 May 14, a request for post-service information was forwarded to applicant for comment within 30 days. As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ FINDINGS AND CONCLUSIONS OF THE BOARD: 1. After careful consideration of the 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 sufficient reason for the delay in filing on a matter now dating back almost 55 years, which has greatly complicated the ability to determine the merits of his position. He has not provided evidence that supports he is the victim of error or injustice. We are also not persuaded the record raises issues of error or injustice which require resolution on the merits. Therefore, in view of the above, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. 2. The applicant’s case is adequately documented and it has not been shown that a personal appearance with our without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-03837 in Executive Session on 26 Jun 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03837 was considered: Exhibit A. DD Form 149, dated 9 Sep 13, w/atch. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFBCMR, dated 21 May 14, w/atch. Panel Chair 1