RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-00039

 					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His general, under honorable conditions, discharge be upgraded to 
honorable.


APPLICANT CONTENDS THAT:

His dorm mate was found in possession of marijuana but set him up 
by reaching into his gym bag and retrieving a $10 bag of marijuana 
when an undercover officer appeared.  He was given no chance to 
continue his service and was offered discharge under AFR 39-12, 
Separation for Unsuitability, Misconduct, Resignation or Request 
for Discharge for the Good of the Service.  The Board should find 
it in the interest of justice to review his untimely request 
because he has become disabled through injury, while serving.

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


STATEMENT OF FACTS:

On 25 Sep 80, the applicant entered the Regular Air Force.

On 4 Jun 81, he received an Article 15, Uniformed Code of Military 
Justice (UCMJ) for assaulting a fellow airman.  He acknowledged 
receipt the same day waiving his right to trial by court-martial 
and providing a written statement.  He was reduced in rank to 
airman basic (E-1), ordered to forfeit $25.00 per month for one 
month and ordered to perform 14 consecutive extra days of duty.  

On 22 Mar 82, the applicant received a UOTHC discharge.  He was 
credited with 1 year, 5 months, and 28 days of active service.   

On 6 Jan 15, a request for post-service information was forwarded 
to the applicant for review and comment within 30 days (Exhibit 
C).  

On 13 Jan 15, the applicant responded stating while in the Air 
Force he was exceptionally good at his computer specialist 
position and performed all duties without error.  His left 
shoulder was injured during a recall and now he lacks cartilage 
due to severe separation while climbing stairs in the rain.  
Though he has lived with the injury for over 30 years, he was able 
to secure employment with various organizations making 
advancements along the way.  He has lived a productive life having 
been a custodial parent of three young children.  In addition, he 
recently obtained his Texas Concealed Handgun License which 
requires an extensive background check (Exhibit D).  


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the 
available evidence of record, to include his additional comments, 
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-2015-00039 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 6 Jan 15.
	Exhibit D.  Letter, Applicant, dated 13 Jan 15.