RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04401

					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect he received an honorable discharge rather than a general (under honorable conditions) discharge.  


APPLICANT CONTENDS THAT:

His active duty time was impeccable.  He was led to believe his general (under honorable conditions) discharge would be upgraded to an Honorable discharge after six months.  

The applicant’s complete submission, with attachment, is at Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 15 Feb 91.

On 1 Nov 91, the applicant received a letter of reprimand (LOR) and a unfavorable information file (UIF) was initiated for his violation of Article 134 of the UCMJ and Montana Code Annotated, Section 45-5-623, by providing alcohol to persons under the drinking age.  

On 21 Nov 91, the applicant received a LOR for losing his career development course (CDC) study material for five days, failing to do his physical training and his required ten searches during a tour 7-11 Nov 91, and committing a weapons violation during a 15-5 exercise on 8 Nov 91.  

On 21 Dec 91, the applicant received a letter of counseling (LOC) for violating AFR 35-10 by not having his hair within Air Force standards.

On 15 May 92, the applicant received a LOC for violating Article 92 by not obeying an order to complete a training letter.


On 22 Oct 92, the applicant received an Article 15 for being derelict in the performance of his duties by neglecting to secure his DD Form 2AF, US Armed Forces Identification Card by allowing the improper use of the ID card.  His punishment was a reduction to the grade of airman basic, with a new date of rank (DOR) of 22 Oct 92.  

On 26 Oct 92, the applicant’s commander notified him that he was recommending his discharge from the Air Force for a pattern of misconduct.  Subsequently, the applicant acknowledged the commander’s notification, indicated that he did consult with counsel, and waived his right to submit statements.  

On 31 Dec 92, the applicant was furnished a general (under honorable conditions) discharge, and was credited with one year, ten months, and sixteen days of active service.  

On 4 Nov 14, SAF/MRBR sent the applicant the Upgrade of Discharge – Clemency Information Bulletin.  As of this date, no response has been received by this office (Exhibit C).


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the available evidence of record, we find the application untimely.  Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction    36-2603.  Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits.  Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner.


THE BOARD DETERMINES THAT:

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-2014-04401 in Executive Session on 14 Jul 15, under the provisions of AFI 36-2603:

	

The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04401 was considered:

	Exhibit A.  DD Form 149, dated 25 Sep 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 4 Nov 14, w/atch.