RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04391 

 .	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:  That his general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:  He deserves to have his discharge upgraded because he performed his duties in an excellent manner.  However, he had a few unfortunate incidents that got him in trouble, but he takes responsibility for his actions.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:  The applicant was discharged in the grade of airman basic (AB).  The reasons for being discharged were failing to report for duty; causing a breach of the peace; assaulting a civilian; being drunk and disorderly; and threatening and assaulting a security policeman.  For more information, see the excerpt of the applicant’s record at Exhibit B.

APPLICANT’S REVIEW OF CLEMENCY BULLETIN:  The Board sent a copy of the Clemency Bulletin to the applicant on 30 Jun 17 for comment (Exhibit C), but has received no response.  

THE BOARD CONCLUDES:

1.  The application was not timely filed.

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).  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.  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board did consider granting the application on the basis of clemency, but the absence of a response from the applicant leaves the question of post-service activity unresolved.  Therefore, the Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.

THE BOARD RECOMMENDS:  The applicant be informed that the application was not timely filed; that 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 AFBCMR Docket Number BC-2016-04391 in Executive Session on 15 Mar 18:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A: Applicant’s application, DD Form 149, dated 26 Oct 16.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Clemency Bulletin, SAF/MRBR to applicant, dated 30 Jun 17.

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