RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05025 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: Her narrative reason for separation “Convenience of the Government – Failure to satisfactorily participate in training of the unit” be changed. ________________________________________________________________ _ APPLICANT CONTENDS THAT: During the contested time frame she was not mentally able to focus to ensure she would be successful. Being an incest survivor - which she recently acknowledged and with help from a therapist she is able to understand the poor choices that she made for her life. She is in need of medical benefits; however, because of her discharge she does not qualify for VA benefits. In support of the applicant’s appeal, she provides a personal statement, letters of support, NGB Form 22, Report of Separation and Record of Service, and DD Form 214, Report of Separation from Active Duty. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: On 28 February 1974 the applicant enlisted in the Oklahoma Air National Guard. A letter from the Director of Base Medical Services, dated 27 January 1976 indicates that it was requested the applicant be discharged prior to her expiration term of service (ETS) date of 28 February 1977 for reason of unsatisfactory participation and failure to attend unit training assemblies. The applicant had 12 unexcused absences during the calendar year 1975. She had been notified numerous times of her unsatisfactory attendance which she disregarded. She also failed to complete mandatory 90650 Career Development Course (CDC) within the prescribed time frame of 12 months. Proceedings for activation were curtailed for reason that she would be a burden for the active forces which would reflect unfavorably on the Oklahoma Air National Guard. On 8 March 1976, the applicant was honorably discharged from the Air National Guard of Oklahoma under the provisions of ANGR 39- 10 – Convenience of the Government (Failure to satisfactorily participate in training of the unit). She served 2 years and 11 days total service for pay purposes. ________________________________________________________________ _ FINDINGS AND CONCLUSIONS OF THE BOARD: 1. The application was not filed within three years after the alleged error or injustice was discovered, or could have been discovered, as required by Section 1552, Title 10, United States Code (10 USC 1552), and Air Force Instruction 36-2603. Although the applicant asserts a date of discovery which would, if correct, make the application timely, the essential facts which gave rise to the application were known to applicant long before the asserted date of discovery. Knowledge of those facts constituted the date of discovery and the beginning of the three-year period for filing. Thus the application is untimely. We do not find the arguments presented support that the applicant did not know that her discharge from the Air National Guard was for failure to satisfactorily participate in unit training. The applicant has not provided sufficient evidence of efforts on her part to address her discharge at the time it was rendered. 2. Paragraph b of 10 USC 1552 permits us, in our discretion, to excuse untimely filing in the interest of justice. We have carefully reviewed applicant's submission and the entire record, and we do not find a sufficient basis to excuse the untimely filing of this application. The applicant has not shown a plausible reason for delay in filing, and we are not persuaded that the record raises issues of error or injustice that require resolution on the merits at this time. Accordingly, we conclude that it would not be in the interest of justice to excuse the untimely filing of the application. ________________________________________________________________ _ DECISION OF THE BOARD: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2012-05025 in Executive Session on 13 August 2013, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05025 was considered: Exhibit A. DD Form 149, dated 23 October 2012, w/atchs. Exhibit B. Applicant’s Master Personnel Records.