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 applicants 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 applicants 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 applicants 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.
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