RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05172
		COUNSEL:  NONE
		HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to a general (under 
honorable conditions).

________________________________________________________________

APPLICANT CONTENDS THAT:

He was a juvenile and not properly represented by counsel at the 
civil action.  

He did not commit the crime as accused.

The applicant provides no rationale as to why his failure to 
timely file should be waived in the interest of justice.

In support of his appeal, the applicant provides a copy of his 
DD Form 214, Report of Separation from the Armed Forces of the 
United States, issued in conjunction with his 17 Oct 
55 discharge.

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

________________________________________________________________

STATEMENT OF FACTS:

Based on the DD Form 214 provided by the applicant, on 14 Feb 
55, the applicant enlisted in the Regular Air Force for a period 
of four years.  

On 17 Oct 55, the applicant was discharged under the provisions 
of AFR 39-22, Disposition of Airmen Convicted by Civil Court or 
Adjudged Wayward Minors, Youthful Offenders, or Juvenile 
Delinquents, with service characterized as undesirable, in the 
grade of airman basic.  He was credited with 4 months and 
24 days of active duty service.

________________________________________________________________

THE BOARD CONCLUDES THAT:

We have carefully reviewed the applicant’s submission and the 
evidence of record and do not find a sufficient basis to excuse 
the untimely filing of this application.  The 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, Air Force Board for 
Correction of Military Records.  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 
untimely filing of this application. 

The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

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.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-05172 in Executive Session on 9 Sep 14, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 28 Oct 13, w/atchs.
	Exhibit B.  Pertinent Excerpts of Personnel Records.





				Panel Chair






FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
2
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974