RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00064

		COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to honorable.


APPLICANT CONTENDS THAT:

It has been over 20 years since his discharge.  He has attended 
several alcohol and drug rehabs and has paid his dues.

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


STATEMENT OF FACTS:

On 26 Sep 78, the applicant commenced his enlistment in the Air 
Force.

On 22 Jul 89, the applicant was tried and convicted by a general 
court-martial for wrongful use of marijuana and cocaine, and 
wrongful possession and distribution of cocaine.  He was 
sentenced to a BCD, two years confinement, and forfeiture of 
$350.00 of pay per month for 24 months and reduction to the 
grade of airman basic.  On 31 Jan 90, the convening authority 
ordered the execution of the BCD.

The applicant submitted a DD Form 293, Application for the 
Review of Discharge or Dismissal from the Armed Forces of the 
United States, to have his BCD upgraded to an honorable or 
general discharge.  The DD Form 293 was returned to the 
applicant along with a request to submit a DD Form 149, 
Application for Correction of Military Record, no response was 
received from the applicant and his case was administratively 
closed on 6 Mar 03.

On 29 Aug 14, a request for post-service information was 
forwarded to the applicant for response within 30 days 
(Exhibit C).  As of this date, no response has been received by 
this office.


FINDINGS AND RECOMMENDATIONS 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-2003-00064 in Executive Session on 2 Oct 14, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 16 Sep 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 29 Aug 14, w/atch.