RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 		DOCKET NUMBER: BC-2015-01164

				COUNSEL:  NONE

				HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His records be corrected to remove any mention of being Absent 
Without Leave (AWOL).


APPLICANT CONTENDS THAT:

He secured approval to extend his leave and if the daily rolls 
still existed, they would show a phone call along with a 
resulting approval by his First Sergeant and/or Commander.  

When he returned from leave, there were absolutely no adverse 
actions taken against him:  no confinement, no restrictions, no 
written or verbal counseling and no security sanctions.  He was 
welcomed back and placed onto the flight line work rotation.   

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 31 May 
73.

On 9 Dec 74, AF Form 2098, Duty Status Change, was accomplished 
and changed the applicant’s duty status from Leave to AWOL, 
effective 0001hrs, 7 Dec 74.

On 13 Dec 74, AF Form 2098, Duty Status Change, was accomplished 
and changed the applicant’s duty status from AWOL to Present for 
Duty, effective 1430hrs, 13 Dec 74.

On 18 Dec 74, the applicant accepted an Article 15, Nonjudicial 
Punishment, for being AWOL, a violation of Article 86 of the 
Uniform Code of Military Justice.  He was reduced in grade to 
airman, which was suspended until 1 Mar 75.

On 27 May 78, the applicant was furnished an Honorable 
discharge, and was credited with 4 years, 8 months, and 27 days 
of active service.   

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

AFPC/JA recommends denial indicating there is no evidence of an 
error or an injustice.  

The applicant claims that he was not absent without leave nor 
was he ever disciplined for being AWOL.  The applicant does not 
contest the fairness of the nonjudicial punishment, nor does he 
claim that the punishment was set aside, rather, he claims it 
was never imposed and “Absolutely no” adverse action was taken 
against him upon returning from leave.  

They found an abundance of explicit evidence that the applicant 
was in fact AWOL, disciplined, and that lost time was 
appropriately documented.  Moreover, the nonjudicial punishment 
documents, duty status change forms and the First Sergeant 
Statement all explicitly reference the applicant’s full name, 
service number and unit.  

A complete copy of the AFPC/JA evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 16 Sep 15 for review and comment within 30 days 
(Exhibit D).  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-2015-01164 in Executive Session on 17 Nov 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2015-01164 was considered:

	Exhibit A.  DD Form 149, dated 17 Mar 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/JA, dated 2 Sep 15.
	Exhibit D.  Letter, SAF/MRBR, dated 16 Sep 15.