RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-04022

XXXXXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He had a personality clash with his commanding officer, who was angry because he was late to work a few times.

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

STATEMENT OF FACTS:

On 24 February 2000, the applicant enlisted in the Regular Air Force.

On 31 May 2001, the applicant’s commander notified him that he was recommending he be discharged under the provisions of AFPD 36-32, Military Retirements and Separations and AFI 36-3208, Administrative Separation of Airmen, for minor disciplinary infractions as evidenced by one Article 15, six letters of reprimand, and one letter of counseling.

On 31 May 2001, the applicant acknowledged receipt of the discharge notification and on 5 June 2001, requested that he be retained in the Air Force or in the alternative he be given an honorable discharge.

On 7 June 2001, the Staff Judge Advocate found the discharge legally sufficient.

On 14 June 2001, the discharge authority directed the applicant be discharged with a general (under honorable conditions) discharge.  Probation and rehabilitation was considered but not offered.

On 18 June 2001, the applicant received a general (under honorable conditions) discharge.  His narrative reason for separation is “Misconduct.”  He was credited with 1 year, 3 months and 23 days of active service.

On 27 May 2016, 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:

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 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-2015-04022 in Executive Session on 13 September 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04022 was considered:

Exhibit A.  DD Form 149, dated 18 September 2016, w/atch.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, AFBCMR, dated 27 May 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.