RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04237

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His General (Under Honorable Conditions) discharge be upgraded to Honorable. 

APPLICANT CONTENDS THAT:

He was a member of the class which was awarded relief in the class-action lawsuit, Cooper v The Secretary of the Air Force, Civil Action #89-0927 (D.D.C.)(JPP).  While he received back pay, his DD Form 214, Certificate of Release or Discharge from Active Duty, was never updated to reflect an Honorable discharge.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 30 Mar 83.

On 5 Dec 83, the applicant’s commander recommended he be discharged for failure in drug abuse rehabilitation.  The reasons for taking this action were:

	a.  On 23 May 83, the applicant was identified as a cannabis user as the result of a urinalysis inspection.  

	b.  On 7 Jun 83, the applicant was entered into the drug rehabilitation program.  On 25 Oct 83, he failed the drug rehabilitation program due to his unwillingness to cooperate as evidenced by his testing positive for cocaine on 21 Sep 83.  

On 21 Dec 83, the discharge authority directed the applicant be discharged with a General discharge, without probation or rehabilitation.  

On 8 Mar 84, the applicant was furnished a General (Under Honorable Conditions) discharge, with a narrative reason for separation of “Drug Abuse Rehabilitation Failure,” and was credited with five years and eight days of active service.   

On 25 May 16, the AFBCMR sent the applicant a request for additional information.  His application indicated he was a “class member entitled to a correction of (his) Air Force records” in regards to the case Cooper v. Secretary of the Air Force.  However, the documents he provided did not disclose the identification of the individuals awarded compensation in that case.  The AFBCMR requested the applicant submit documentation which reflected the individuals named in the class action suit, and the associated rewards, within 30-days.  As of this date, no response has been received by this office. (Exhibit C)

On 7 Jun 16, a request for post-service information was forwarded to the applicant for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D)

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 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-2015-04237 in Executive Session on 15 Dec 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04237 was considered:

	Exhibit A.  DD Form 149, dated DD MMM YY, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 25 May 16.
	Exhibit D.  Letter, SAF/MRBR, dated 7 Jun 16, w/atchs.

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.