RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03350

XXXXXXXXX	COUNSEL: NONE	

 	HEARING: NO	

APPLICANT REQUESTS THAT:

1.  His Under Other than Honorable Conditions (UOTHC) discharge be upgraded to Honorable.  

2.  His 47 days lost be restored and 28 days of pay withheld be reinstated.

APPLICANT CONTENDS THAT:

He was arrested and the judge dismissed the case.  Although his case was dismissed, he was denied the opportunity to continue to serve.  His character of service impacts his ability to be granted a conceal and carry permit in the state of Arkansas.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Second Class.  

The applicants Military Personnel Records (MPR) was requested but was unavailable. (See Exhibit C).

A request for post-service information was forwarded to the applicant on 4 Nov 16 (Exhibit B) and a response was received (Exhibit D).

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 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-2016-03350 in Executive Session on 19 Jun 18:

Panel Chair 
Panel Member
Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 12 Aug 16.
Exhibit B:	Letter, AFBCMR, dated 4 Nov 16
Exhibit C:	Email, NPRC Records Checked Out, dated 19 Nov 16.
Exhibit D:	Letter, Applicant Post Service Information, dated 4 Dec 16.

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