RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-05355 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: 1. His under honorable conditions (general) discharge be upgraded to honorable. 2. His reenlistment (RE) code of 2B (Involuntarily separated under AFR 39-10 with a general or under other than honorable conditions (UOTHC) discharge) be changed to 3K (Secretarial Authority). APPLICANT CONTENDS THAT: He was involved in a going away party where a billeting room was damaged. He accepted responsibility for his action in the incident. He was sentenced to 90 days confinement, loss of rank, forfeiture of pay, an involuntary separation, and a general discharge. He has always been ashamed of his lack of restraint in controlling his drinking during that time and the tarnishing of his successful military career. His discharge, RE code, and narrative reason for separation is an obstacle to his reentry into military service. He served his time and was rightly discharged due to his poor behavior, but believes his characterization of service does not fairly represent the sum of his Air Force career. He is requesting an investigation into the concerns he has regarding his discharge. His evaluations that span his Air Force career clearly show his high level of performance with no mention of misconduct. He was never offered an opportunity for rehabilitation. Furthermore, documentation shows that his chain of command failed to adhere to policy when they did not refer him to the area defense counsel (ADC) within three days after issuing the Article 15. Furthermore, there is documentation stating his discharge case contained administrative errors. It has been more than 25 years since his discharge. His personal and professional life shows a pattern of exemplary conduct. He is sober, has earned a certificate of achievement in Drug and Alcohol Studies, and earned bachelor’s and master’s degrees in Social Work. He is married with children. He is a licensed clinical social worker. He works for the Department of Defense as the Chief of Social Work assisting the Warrior Transition Battalion. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 27 Aug 85, the applicant commenced his enlistment in the Regular Air Force. On 13 Sep 88, the applicant’s commander notified him that he was recommending his discharge from the Air Force for conduct prejudicial to good order and discipline. The specific reasons for the discharge action were: the applicant received ten Letters of Counseling (LOC) for failing room inspections, being late to work, failure to go to a mandatory briefing, failure to turn in Volume 2 of his Career Development Courses (CDC), failure to obey a lawful order and dereliction of duty; two Letters of Reprimand (LOR) for failing an room inspection and dereliction of duty; an Article 15 for being drunk and disorderly, and a court-martial for willfully damaging government property. On 14 Sep 88, the applicant acknowledged receipt of the notification and consulted legal counsel and waived his right to submit a statement in his own behalf. On 19 Sep 88, the legal office reviewed the case and found it legally sufficient to support separation and recommended the applicant be furnished a general discharge without probation and rehabilitation. On 21 Sep 88, the discharge authority directed the applicant be furnished a general (under honorable conditions) discharge without probation and rehabilitation. The applicant was credited with two years, seven months, and ten days of total active service. On 2 Nov 88, the applicant was notified that two errors were committed in his administrative discharge, the final court- martial order did not reduce him to the rank of airman basic and he was administratively discharged prior to the completion of the appellate review of his special court-martial. The applicant was further advised if he wished to correct these administrative errors he should apply to the Air Force Board of Correction for Military Records (AFBCMR). On 27 Aug 14, a request for post-service information was forwarded to the applicant for response within 30 days (Exhibit C). As of this date, no response has been received by this office. FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the available evidence of record, we find the application untimely. 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. 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 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-2013-05355 in Executive Session on 2 Oct 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Nov 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 27 Aug 14, w/atch.