RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03908

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge be upgraded.

APPLICANT CONTENDS THAT:

He did not understand the consequences of the decision he made to accept the discharge with the service characterization he was given and would like his record changed.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 4 September 1956.

On 14 July 1958, the applicant was notified of his commander’s intent to recommend his discharge under the provisions of AFR 39-17, Discharge of Airmen Because of Unfitness, as evidenced by two Articles 15 and a summary court-martial conviction.

On 29 July 1958, the applicant acknowledged receipt of the discharge notification and waived his entitlements to appear before a discharge review board.

On 30 July 1958, the staff judge advocate found the discharge action legally sufficient and recommended the applicant be discharged with an under other than honorable conditions discharge.  On 7 August 1958, the discharge authority approved the recommendation.

On 15 August 1958, the applicant received an under other than honorable conditions discharge.

On 6 November 2017, a request for post-service information, with attachment, 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.

THE BOARD CONCLUDES THAT:

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 error or injustice.  The Board considered upgrading the applicant’s discharge characterization based on clemency, but was unable to do so in the absence of post-service information from the applicant.  The Board also notes the applicant did not file the application 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, Air Force Board for Correction of Military Records (AFBCMR).  The Board could have waived the timeliness requirement in the interest of justice if the applicant had presented sufficient evidence to warrant relief based on clemency.  However, in the absence of such evidence, there is no reason to waive the requirement.  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 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-2017-03908 in Executive Session on 12 July 2018:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 23 August 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atch, dated 6 November 2017.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.