RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02124

XXXXXXXXXXXXXXX			COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

The applicant makes no contentions.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 22 November 1977.

On 14 June 1978, the applicant’s commander notified him that he was recommending he be discharged under the provisions of AFM 39-12, Separation for Unsuitability, Misconduct, Personal Abuse of Drugs; Resignation or Request for Discharge for the Good of the Service.  The specific reasons for the discharge were misconduct due to frequent involvement of a discreditable nature with civil or military authorities as evidenced by three non-judicial punishment actions and two letters of reprimand.

On 14 June 1978, the applicant acknowledged receipt of the discharge notification.

On 20 June 1978, the Staff Judge Advocate found the discharge legally sufficient.

On 3 July 1978, the discharge authority directed the applicant be discharged without probation and rehabilitation.

On 5 July 1978, the applicant was discharged with an “Under Honorable Conditions” characterization.

On 26 October 2016, our staff forwarded a request for post-service information to the applicant for review and comment within 30 days (Exhibit C); the staff has received no response as of this date.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed.

3.  After a careful review of all Exhibits, we are not convinced the applicant is the victim of an error or injustice.  It is worth noting the applicant made no contentions and presented no evidence, even to support relief on grounds of clemency.  We also note the applicant did not file 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.  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, we cannot conclude it would be in the interest of justice to excuse the failure to file the application on time.  Accordingly, we find the application untimely.

THE BOARD RECOMMENDS 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-2016-02124 in Executive Session on 19 September 2017, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered:

Exhibit A.  DD Form 149, undated.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, AFBCMR, dated 26 October 2016, w/atch.

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