RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03354

XXXXXXXXX.	COUNSEL: NONE	

 	HEARING: NO	

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was told his General discharge would be automatically upgraded to Honorable after 6 months of being discharged.  All charges against him were lies and were subsequently dropped.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Basic.  

On 7 May 86, the applicant was notified of his commander’s intent to impose NJP on him pursuant to Article 15, UCMJ, for one charge and specification of failure to go to at the time prescribed to your appointed place of duty, in violation of Article 86, UCMJ.  He was reduced to the grade of Airman and ordered to undergo 14 days extra duty.  

On 4 Jun 86, the applicant was notified of his commander’s intent to impose NJP on him pursuant to Article 15, UCMJ, for the following offenses:

a.	One charge and specification of wrongfully committing an indecent act, in violation of Article 134, UCMJ.

b.	One charge and specification of adultery, in violation of Article 134, UCMJ.

c.	One charge and specification of theft of property, in violation of Article 121, UCMJ.

d.	One charge and specification of unlawfully entering a room, in violation of Article 134, UCMJ.

On 3 Jul 86, the applicant was notified by his commander of his intentions to discharge him for misconduct according to Air Force Regulation (AFR) 39-10, Administrative Separation of Airman, under the provisions of paragraph 5-47b.  

On 4 Aug 86, the applicant was discharged with a General discharge. 

The applicant appealed to the Air Force Discharge Review Board (AFDRB) in 1989 but they denied his request.  

A request for post-service information was forwarded to the applicant on 18 Oct 16 (Exhibit C), but no response has been received.

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 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).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  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-2016-03354 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 4 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR, dated 18 Oct 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, regarding Docket Number BC-2016-03354.