RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-05110 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to general (Under Honorable Conditions). APPLICANT CONTENDS THAT: He had a few alcohol related incidents while in the service for which he received punishment under the provisions of the Uniform Code of Military Justice (UCMJ). However, an injustice occurred when he was not afforded the opportunity for rehabilitation. Any other airman would have been afforded the opportunity to receive treatment and been able to finish his/her enlistment. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 13 April 1982. On 25 October 1983, the applicant was notified by his commander of her intent to recommend his discharge for conduct prejudicial to good order and discipline under the provisions of AFR 39-10, Administrative Specialist of Airmen. Specifically, the applicant received Letters of Counseling (LOCs) for writing dishonored checks, not entering a restricted area through the entry control point, and failure to keep a scheduled mental health appointment. He received Letters of Reprimand (LORs), for twice testing positive for THC, failure to make a group rehabilitation seminar, failure to attend a substance abuse group rehabilitation seminar, and communicating a threat. He received non-judicial punishment under the provisions of Article 15 (UCMJ) for causing a breach of peace, disobeying a lawful order, resisting apprehension, and operating a vehicle while drunk. Lastly, he received another Article 15 for unlawfully striking a noncommissioned officer and being drunk and disorderly. On 1 November 1983, after consulting with legal counsel, the applicant elected to waive his right to a hearing before an administrative discharge board and elected to submit a statement in his behalf. On 4 November 1983, the case was found to be legally sufficient. On 7 November 1983, the separation authority approved the commander’s recommendation, directing the applicant’s administrative discharge without probation and rehabilitation. On 29 November 1983, the applicant was furnished an Under Other Than Honorable Conditions discharge for Misconduct – Pattern Conduct Prejudicial to Good Order and Discipline. He was credited with 1 year, 7 months, and 17 days of active service. On 15 January 2015, 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). 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-2014-05110 in Executive Session on 22 July 2015 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-05110 was considered: Exhibit A.  DD Form 149, dated 15 December 2014, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Letter, SAF/MRBR, dated 15 January 2015. 1 2