RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04735 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His discharge date be corrected to reflect 15 Jun 1946, instead of 15 Jun 1945, and his service be corrected to reflect “Army Air Corps,” instead of “Army of the United States.” ________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged in 1946, not 1945, and was in the Army Air Corps, not just the Army. In support of his request, the applicant provides a copy of his Certification of Military Service and correspondence related to the matter under review. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records were apparently located in the area most heavily damaged in the fire at the National Personnel Records Center in 1973. Documents provided by the applicant indicate he served on active duty with the Army of the United States 17 Jan 41 through 15 Jun 45. ________________________________________________________________ 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. The 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. ________________________________________________________________ RECOMMENDATION OF THE BOARD: 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-2010-04735 in Executive Session on 15 Sep 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit. DD Form 149, dated 18 Nov 10, w/atchs. Panel Chair