RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02476

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded.

APPLICANT CONTENDS THAT:

His recruiter misled him when he joined the military.  He realized the service was not for him and was told he could upgrade to a general discharge at any time.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic (E-1).  

On 8 Apr 80, charges were referred against the applicant to trial by special court-martial (SPCM) for the following reasons:

a.	Two charges of failure to obey a lawful order, in violation of Article 92, of the Uniform Code of Military Justice (UCMJ).

b.	One charge and two specifications of failure to go, in violation of Article 86, UCMJ.  

On 17 Apr 1980, the applicant requested discharge under Air Force Manual 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program for the good of the service.  

On 2 May 1980, the applicant’s squadron commander recommended the applicant’s request for discharge be accepted due to the seriousness of his pending charges and military record.   

On 30 Apr 1980, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 06 May 1980.

On 20 May 1980, the applicant received an Under Other Than Honorable Conditions (UOTHC) discharge. 

On 5 Jun 2017, a request for post-service information was forwarded to the applicant for comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).  

For more information, see the excerpt of the applicant’s record at Exhibit B.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFBCMR and finds that a preponderance of the evidence does not substantiate the applicant’s contentions. The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-02476 in Executive Session on 29 May 2018:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02476:

Exhibit A:	Application, DD Form 149, dated 16 Jun 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR, dated 05 Jun 2017.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.