RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03815

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

He believes that if this situation occurred today he would not have been given a general discharge.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 22 June 1978.

On 23 October 1979, the applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFM 39-12.  The specific reasons were the applicant’s unsuitability, apathy, defective attitude and inability to expend effort constructively as evidenced by: possession of marijuana - 23 October 1978; failures to go – 9 January 1979, 12 January 1979, 4 February 1979, 6 February 1979, 21 March 1979, and 23 March 1979; improper wear of headgear – 12 January 1979; Absent Without Leave (AWOL) - 23 July 1979; and breaking restriction imposed by non-judicial punishment under Article 15 - 21 September 1979.

The applicant was advised of his rights in this matter and after consulting with counsel on 5 November 1979, the applicant waived his rights to an administrative discharge board hearing and to submit a statement on his own behalf.

On 9 November 1979, the staff judge advocate found the case legally sufficient and recommended discharge.

On 15 November 1979, the discharge authority concurred with the recommendation.

On 19 November 1979, the applicant was furnished a general (under honorable conditions) discharge, and was credited with 1 year, 4 months and 28 days of total active service.

On 2 February 2016, a request for information pertaining to his post-service activities was forwarded to the applicant for review and response within 30 days (Exhibit C).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant’s contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

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-2015-03815 in Executive Session on 13 September 2016, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03815 was considered:

	Exhibit A.  DD Form 149, dated 31 August 2015.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 2 February 2016, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.