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AF | BCMR | CY1998 | 9301510
Original file (9301510.pdf) Auto-classification: Denied
c 

i;. . 

I .' 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 
IN THE MATTER OF: 

SSAN: 
SSAN: 

DOCKET NO:- 

9 3 -  0/5;/0 

NIK 
NIK 

1  7  1993 
1  7  1993 

consideration 

of  applicant's 

Applicant  requests  that  his discharge  be  upgraded  to  General. 
Applicant's  submission  is at  Exhibit  A .  
Applicant's 
military personnel  records were  destroyed by  fire in 
1973.  Therefore,  the facts surrounding his separation from the Air 
Force cannot be verified. 
After  careful 
request  and  the 
available  evidence  of  record, we  find the application  untimely. 
Applicant  did not  file  this request within  three years after the 
alleged error or injustice was discovered, or reasonably could have 
1552 and  Air Force 
been  discovered,  as required  by  10, U.S.C. 
Regulation  31-3.  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 applicant's  failure to file in a timely manner. 
Accordingly,  applicant's  request  is denied as untimely. 
The  Board staff  is directed to  inform applicant  of  this decision. 
Applicant  should also be  informed  that this decision is final  and 
will  only be reconsidered  upon  the presentation  of  new relevant 
evidence  which  was  not  reasonably  available  at  the time  the 
application was filed. 
Members  of  the Board  Mr.  Henry C.  Saunders,  Mr.  John H.  Lynskey, 
and Mr.  C. Bruce Braswell  considered this application  in accordance 
with the provisions of Air Force Regulation  31-3, and the governing 
statute, 10, U.S.C.  1552. 

n 

sx 
/ 

P  el  Chairman 

Exh i bi t s : 

A. 

Applicant's  DD Form  149 



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