RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00038 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: His UOTHC discharge has been a continual barrier for gaining employment, fair housing and other endeavors and is affecting his ability to be a more productive citizen. His best interest, and that of the U.S. government, would be better served if his discharge were upgraded to honorable. The Board should find it in the interest of justice to review his untimely application because he was young and lacked understanding of the justice system. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 8 Jan 74, the applicant entered the Regular Air Force. On 29 Mar 78, he received an Article 15, Uniformed Code of Military Justice (UCMJ) for failure to go to his appointed place of duty on 21 and 27 Mar 78. He was given a suspended reduction to the grade of airman first class and ordered to forfeit $50.00. On 3 Apr 78, he acknowledged receipt requesting an oral presentation and attaching a written statement on his own behalf. On 2 May 79, he received a Letter of Reprimand (LOR) for failure to report to his place of duty. On 7 May 79, he acknowledged receipt, attaching a written statement on his own behalf. On 22 Oct 79, 14 Nov 79 and 15 Jan 80, he was counseled on his obligation to pay valid debts. On 23 Jan 80, he received an Article 15, UCMJ for being Absent Without Official Leave (AWOL) from 8-12 Jan 80. He was given suspended reduction to airman first class, restricted to the base for 14 days and ordered to perform 14 days extra duty. On 20 Feb 80, his squadron commander vacated his suspension for a reduction in grade to airman first class for transferring duty free items to a person not authorized these privileges. He acknowledged receipt the same day. On 16 Apr 80, he received an Article 15 for writing 15 bad checks from 12 Jan 80 to 23 Feb 80. He was reduced in rank to Airman and ordered to forfeit $50.00 per month for two months. On 24 Apr 80, his squadron commander presented the applicant a Letter of Notification recommending he be discharged under the provisions of AFM 39-12, Chapter 2, Section B, paragraph 2-15a, “Frequent Involvement of a Discreditable Nature with Civil or Military Authorities.” The applicant acknowledged receipt the same day waiving his right to a hearing before an administrative discharge board. On 19 May 80, the Staff Judge Advocate found the discharge action legally sufficient. On 27 May 80, his commander approved he separation under the provisions of AFM 39-12, Separation for Unsuitability, Misconduct, Resignation or Request for Discharge for the Good of the Service, Chapter 2, Section B, paragraph 2-15a. On 9 Jun 80, the applicant received a UOTHC discharge for misconduct – frequent involvement with civil/military authorities-board waiver. He was credited with 6 years, 4 months, and 28 days of active service. On 7 Jan 15, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office. 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 documentary evidence pertaining to AFBCMR Docket Number BC-2015-00038 was considered: Exhibit A. DD Form 149, dated 2 Jan 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 7 Jan 15.