RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03068 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

His under other than honorable conditions (UOTHC) discharge be 
upgraded to general (under honorable conditions). 

 

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APPLICANT CONTENDS THAT: 

 

The terms of his separation included a provision to upgrade his 
discharge to general (under honorable conditions) so long as he 
did not have any criminal activity for six months following his 
discharge. He has met the conditions. 

 

No supporting documentation was submitted. 

 

The applicant's complete submission is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

The National Personnel Records Center (NPRS) was unable to obtain 
the applicant’s discharge case file. The following information 
was extracted from his DD Form 214, Certificate of Release or 
Discharge from Active Duty. On 7 Oct 87, the applicant enlisted 
in the Regular Air Force. On 15 Sep 93, he was separated from 
military service and issued an under other than honorable 
conditions (UOTHC) discharge. His narrative reason for 
separation states “Request for discharge in lieu of trial by 
court-martial.” He served 5 years, 11 months and 8 days on 
active duty. 

 

Pursuant to the Board's request, the Federal Bureau of 
Investigation indicated that on the basis of the data furnished, 
they were unable to locate an arrest record (Exhibit C). 

 

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THE BOARD CONCLUDES THAT: 

 

1. The application was not filed within three years after the 
alleged error or injustice was discovered, or reasonably could 
have been discovered, as required by Section 1552, Title 10, 
United States Code (10 USC 1552), and Air Force Instruction 36-
2603. Thus the application is untimely. 

 

2. Paragraph b of 10 USC 1552 permits us, in our discretion, to 
excuse untimely filing in the interest of justice. We have 
carefully reviewed applicant's submission and the entire record, 
and we do not find a sufficient basis to excuse the untimely 
filing of this application. The applicant has not shown a 
plausible reason for delay in filing, and we are not persuaded 
that the record raises issues of error or injustice which require 
resolution on the merits at this time. Accordingly, we conclude 
that it would not be in the interest of justice to excuse the 
untimely filing of the application. 

 

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DECISION 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. 

 

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The following members of the Board considered this application in 
Executive Session on 29 Mar 12, under the provisions of AFI 36-
2603: 

 

 , Panel Chair 

, Member 

 , Member 

 

The following documentary evidence was considered in AFBCMR BC-
2011-03068: 

 

 Exhibit A. DD Form 149, dated 26 Jul 11. 

 Exhibit B. Applicant's Master Personnel Records. 

 

 

 

 

 

 Panel Chair