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
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to general (under honorable conditions).
_________________________________________________________________
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.
_________________________________________________________________
STATEMENT OF FACTS:
The National Personnel Records Center (NPRS) was unable to obtain
the applicants 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).
_________________________________________________________________
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.
_________________________________________________________________
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 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
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