RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00492 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: He was in the Veterans Affairs (VA) hospital during the period of 1991 – 1992. He has been sober over 20 years and has no pending legal issues. The issues causing his original discharge has been resolved and he needs an honorable discharge for some insurance purposes. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 9 September 1970. On 7 April 1971, an AF Form 286, Human Reliability Certificate, was initiated recommending the applicant be temporarily disqualified from duties until 31 July 1971 due to anxiety. On 3 May 1971, the applicant was recommended for temporary disqualification of 90 days to be treated for anxiety. He was subsequently reinstated and medically qualified to resume duties. On 8 February 1972, the applicant received non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) for failure to go, in violation of Article 86, UCMJ. His commander imposed punishment consisting of a suspended reduction to the grade of airman (E-2) until 4 August 1972, and forfeitures of $50.00 pay. On 4 April 1972, the applicant requested an evaluation through the mental health clinic to determine if there were any other reasons, besides his drinking to explain his angry outbursts while under the influence of alcohol. His diagnosis was immature personality, chronic, severe, manifested by poor judgment, poor impulse control, conflict with authority and chronic alcohol abuse. No medical disposition was required. On 14 April 1972, the applicant’s commander determined that he failed to go in violation of Article 86, UCMJ, on 6 April 1972, resulting in the vacation of his suspended reduction to the grade of E-2, issued on 8 February 1972. On 26 April 1972, the applicant was charged with violation of Article 128, UCMJ. Specifically, he assaulted his roommate by choking him with a belt. On 4 May 1972, the staff judge advocate directed that a board of medical officers convene and render a professional opinion as to the mental competency of the applicant. On 8 May 1972, the applicant was admitted to the psychiatric service as a referral for evaluation prior to trial by court-martial. The hospital commander approved the recommendation. On 19 May 1972, a Sanity Board was convened which found the applicant medically qualified for initial enlistment, recommended retention in the service, and competent. However, the Board determined his diagnosis of immature personality, chronic, moderate, which existed prior to service (EPTS), will interfere with world-wide service. The board further recommended the applicant be discharged from the hospital, returned to duty and cleared for trial by court-martial. On 2 June 1972, the applicant was convicted at a special court-martial for violating Article 128, UCMJ; specifically, for chocking his roommate with a belt. He pled not guilty; however, he was found guilty, and sentenced to forfeitures of $100.00 per month for six months, to perform hard labor for three months, reduction in grade to Airman Basic (E-1), and restriction to base for two months. On 18 August 1972, the applicant’s sentence was approved and executed. On 21 August 1972, the director of base medical services determined the applicant is cleared for administrative action at the discretion of the commander. On 28 August 1972, the applicant’s commander notified him that he was recommending a general discharge from the Air Force due to his demonstrated character and behavior disorders which sufficiently limits his ability to adapt to the Air Force and to perform his assigned duties. On 28 August 1972, the applicant acknowledged receipt of the action. On 11 September 1972, an evaluation officer reviewed the applicant’s case and recommended he be discharged from the Air Force and furnished a general discharge. He further recommended that he be considered for the probation and rehabilitation program. On 11 September 1972, the applicant acknowledged receipt of the evaluation officer’s recommendation, requested probation and rehabilitation be granted locally, and declined to volunteer for the centralized rehabilitation program. On 15 September 1972, the applicant’s commander determined he was no longer of any value to the Air Force and had a negative effect on its mission due to disciplinary problems since 8 February 1972. Specifically, for his refusal to obey orders, failure to comply with written instructions, poor job performance, lacking personal hygiene, and under investigation for alleged drug abuse. 18 September 1972, the applicant’s commander notified him of supplemental action that he was further advising the discharge authority of a case pending against him for alleged drug abuse. He acknowledged receipt and elected to submit a rebuttal. 6 October 1972, the applicant was furnished a general (under honorable conditions) discharge, and was credited with 2 years 28 days of active service. On 20 September 1977, the Air Force Discharge Review Board (AFDRB) considered the applicant’s request for a review under the Department of Defense Review Program (Special) to upgrade his discharge to honorable and after considering all the facts of record in the applicant’s case, and concluded he did not meet the criteria and his appeal for an upgrade of his discharge was denied. Specifically, the discharge action was equitable and proper and therefore, the character of discharge should not be changed. The evaluation officer recommended rehabilitation and the applicant desired it; however, the commander did not approve it due to the seriousness and frequency of misconduct. The seriousness of the offense of aggravated assault did not warrant upgrade. On 25 March 2015, a request for post-service information was forwarded to the applicant for review and comment within 30 days. 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-2015-00492 in Executive Session on 22 July 2015 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 29 January 2015. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Letter, SAF/MRBR, dated 25 March 2015.