RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-02610

							COUNSEL: NONE

							HEARING: NO

APPLICANT REQUESTS THAT:

His General, Under Honorable Conditions, discharge be upgraded to an Honorable discharge.

APPLICANT CONTENDS THAT:

His trial was based on circumstantial evidence, false accusations, hearsay and lies.  There was open prejudice and racism at the school house and in the city.  He made an error in not hiring a private attorney to defend him, as he could not afford to at the time.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.

On 3 Nov 00, the applicant was notified of the commander’s intent to recommend the applicant be discharged from the Air Force for misconduct.  The reasons for the action include:

	a.  Six specifications of wrongfully attempting to develop a personal relationship with trainees, for which he was court-martialed, on 8 Sep 00.

	b.  Five specifications of wrongfully making sexual advances to persons subject to his orders, for which he was court-martialed, on 8 Sep 00.

On 3 Nov 00, the applicant acknowledged receipt of the action and elected to submit a statement on his behalf.

On 16 Nov 00, the discharge action was found legally sufficient.

On 20 Nov 00, the convening authority published Special Court-Martial Order Number 6.  The applicant was found guilty of all charges.  The applicant’s sentence of confinement for 60 days, and reduction to the grade of airman first class, was approved.

On 30 Nov 00, the discharge authority approved the recommendation for discharge.  

On 1 Dec 00, the applicant was furnished a general, under honorable conditions discharge.

A request for post-service information was forwarded to the applicant on 23 Oct 17 for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

For more information, see the excerpt of the applicant’s record at Exhibit B.

THE BOARD CONCLUDES:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an injustice.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Nor was the discharge unduly harsh or disproportionate to the offenses committed.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Moreover the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:  

The applicant be informed that the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:  

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5., considered Docket Number BC-2017-02610 in Executive Session on 29 May 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:  Application, DD Form 149, dated 25 May 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  AFBCMR letter, w/atch, dated 23 Oct 17. 

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 regarding AFBCMR Docket Number BC-2017-02610.