RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-05201

  					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His general, under honorable conditions discharge be upgraded to 
honorable.


APPLICANT CONTENDS THAT:

Since he did not receive a dishonorable discharge and served his 
country as well as anyone else, he would like his discharge 
upgraded to honorable.  The Department of Veteran’s Affairs 
(DVA) led him to believe he received an honorable discharge 
which he needs in order to get disability benefits he applied 
for in 2008.  He provides a copy of the DD Form 214, Armed 
Forces of the United States Report of Transfer or Discharge; he 
received in support of his application.   

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


STATEMENT OF FACTS:

On 31 May 71, the applicant entered the Regular Air Force.

On 11 Feb 72, he received an Article 15, UCMJ.  As punishment, 
he was ordered to forfeit $100.00 per month for two months and 
to perform 15 days of extra duty.  

On 28 Feb 72, according to Special Court-Martial Order No. 10, 
he pled guilty and was convicted by Special Court-Martial for 
being absent without authority on three separate occasions.  He 
was found guilty of all specifications and received punishment 
of reduction to rank of airman basic (E-1), forfeiture of 
$100.00 per month for six months and confined at hard labor for 
six months.   

On 19 Sep 72, he was notified his commander was recommending he 
be furnished a general discharge under the provisions of AFM 39-
12, Separation for Unsuitability, Misconduct, Resignation or 
Request for Discharge for the Good of the Service, Chapter 2, 
Section A, Paragraph 2-4c.  He acknowledged receipt indicating 
he would not submit a statement concerning the action taken 
against him.

On 20 Sep 72, the applicant received a general, under honorable 
conditions, discharge and was credited with 1 year and 4 months 
of active service.

On 29 Dec 14, a request for post-service information was 
forwarded to the applicant for review and comment 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 documentary evidence pertaining AFBCMR Docket 
Number BC-2014-05201 was considered:

	Exhibit A.  DD Form 149, dated 19 Dec 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 27 Dec 14.