RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03857

XXXXXXXXXX (MEMBER)	COUNSEL: NONE	

	HEARING: NO	

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was young when he made the stupid decision to go Absent Without Leave (AWOL).  He accepted his UOTHC discharge, which was unfair as no one helped him, and he was overwhelmed.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman.  

On 17 Mar 72, charges were referred against the applicant for trial by summary court-martial (SCM) for one charge and specification of absenting himself from his place of duty, without authority, in violation of Article 86, of the Uniform Code of Military Justice (UCMJ).

On 29 Mar 72, the applicant requested discharge for the Good of Service under Air Force Manual (AFM) 39-12, Separation for Unsuitability, Misconduct, Personal Abuse of Drugs; Resignation or Request for Discharge for the Good of the Service, and Procedures for the Rehabilitation Program, paragraph 2-78.

On 11 Apr 72, the applicant’s commander recommended approval of his request for discharge.

On 14 Apr 72, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 25 Apr 72.

On 26 Apr 72, the applicant received an UOTHC discharge. 

The applicant appealed to the Air Force Discharge Review Board (AFDRB) in 1973 but they declined to grant him the relief he requested.  

A request for post-service information was forwarded to the applicant on 7 Dec 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).  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-2016-03857 in Executive Session on 10 Jul 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 22 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit D:	Letter, AFBCMR, dated 7 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 for Docket Number BC-2016-03857.