RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04419
			COUNSEL:  NONE
			HEARING DESIRED:  NO 

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APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be 
upgraded to general (under honorable conditions).

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APPLICANT CONTENDS THAT:

It was physically impossible for him to do what he was charged 
with and it is well known the armed services were prejudice 
during his service.  It was wartime and the things he saw and 
did would make anyone very contrary and try to escape reality.

In support of his request, the applicant provides copies of 
excerpts from his military personnel records, a letter from the 
National Personnel Records Center, and a copy of his DD Form 
214, Armed Forces of the United States Report of Transfer or 
Discharge.

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

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STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 6 Apr 68.

On 25 Mar 70, the applicant was found guilty at a Special Court-
Martial of one specification of assault and one specification of 
damaging military property, one specification of assaulting a 
military police officer, one specification of resisting 
apprehension, one specification of rioting, one specification of 
drunk and disorderly, and one specification of wrongfully 
appearing in an improper uniform in violation of Articles 108, 
128, 95, 116, and 134, respectively, of the Uniform Code of 
Military Justice (UCMJ).  He was sentenced to reduction to the 
grade of airman basic (E-1), hard labor for six months, and 
forfeiture of $82 pay per month for six months.

On 23 Apr 70, the convening authority approved the finding and 
the sentence was executed.

On 29 Oct 70, charges were referred to a Special Court-Martial 
for one specification of possession of heroin and two 
specifications of possession of marijuana in violation of 
Article 134 of the UCMJ.

On 5 Nov 70, the applicant requested discharge under Air Force 
Manual (AFM) 39-12, paragraph 2-78, Request for Discharge for 
the Good of the Service.

On 24 Nov 70, the discharge authority directed that he be 
discharged and furnished an Undesirable Discharge. 

On 2 Dec 70, the applicant was furnished an UOTHC discharge and 
was credited with 2 years, 2 months, and 22 days of total active 
service.

On 26 Jun 14, a request for post-service information was 
forwarded to the applicant for review and comment within 
30 days.  As of this date, no response has been received by this 
office (Exhibit C).

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FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and 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, 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 AFBCMR Docket 
Number BC-2013-04419 in Executive Session on 7 Aug 14, under the 
provisions of AFI 36-2603:



	                    , Panel Chair
	                    , Member
	                    , Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-04419 was considered:

	Exhibit A.  DD Form 149, dated 7 Sep 13, w/atchs.
	Exhibit B.  Available Applicant's Master Personnel Records
	Exhibit C.  Letter, AFBCMR, dated 26 Jun 14, w/atch.