RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-03890

XXXXXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was told that his character of service would be upgraded to honorable six months after his discharge.  He served his country honorably for over three years and would like his discharge changed.

In support of his request, the applicant provides a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

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

STATEMENT OF FACTS:

On 17 July 1968, the applicant enlisted in the Regular Air Force.

On 27 January 1972, the applicant’s commander notified him he was recommending his discharge from the Air Force under the provisions of AFM 39-12, Separation for Unsuitability, Unfitness, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program.  The specific reasons for his action was the applicant’s frequent involvement of a discreditable nature with civilian or military authorities and drug abuse as evidenced by two Article 15’s.

On 27 January 1972, the applicant acknowledged receipt of the discharge notification and on 31 January 1972, he waived his right to a hearing before an administrative board and indicated he would not submit statements in his own behalf.

On 11 February 1972, the Deputy Staff Judge Advocate found the discharge legally sufficient.

On 18 February 1972, the discharge authority directed the applicant be discharged and issued a general discharge certificate.

On 24 February 1972, the applicant received an “under honorable conditions” discharge.  He was credited with 3 years, 7 months and 8 days of active service.

On 14 January 2016, a request for post-service information was forwarded to the applicant 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:

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 Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records.  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-2015-03890 in Executive Session on 11 August 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03890 was considered:

Exhibit A.  DD Form 149, dated 11 August 2015.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, AFBCMR, dated 14 January 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.