RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05025
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
Her narrative reason for separation Convenience of the
Government Failure to satisfactorily participate in training
of the unit be changed.
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APPLICANT CONTENDS THAT:
During the contested time frame she was not mentally able to
focus to ensure she would be successful. Being an incest
survivor - which she recently acknowledged and with help from a
therapist she is able to understand the poor choices that she
made for her life. She is in need of medical benefits; however,
because of her discharge she does not qualify for VA benefits.
In support of the applicants appeal, she provides a personal
statement, letters of support, NGB Form 22, Report of Separation
and Record of Service, and DD Form 214, Report of Separation
from Active Duty.
The applicants complete submission is at Exhibit A.
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STATEMENT OF FACTS:
On 28 February 1974 the applicant enlisted in the Oklahoma Air
National Guard.
A letter from the Director of Base Medical Services, dated
27 January 1976 indicates that it was requested the applicant be
discharged prior to her expiration term of service (ETS) date of
28 February 1977 for reason of unsatisfactory participation and
failure to attend unit training assemblies. The applicant had
12 unexcused absences during the calendar year 1975. She had
been notified numerous times of her unsatisfactory attendance
which she disregarded. She also failed to complete mandatory
90650 Career Development Course (CDC) within the prescribed time
frame of 12 months. Proceedings for activation were curtailed
for reason that she would be a burden for the active forces
which would reflect unfavorably on the Oklahoma Air National
Guard.
On 8 March 1976, the applicant was honorably discharged from the
Air National Guard of Oklahoma under the provisions of ANGR 39-
10 Convenience of the Government (Failure to satisfactorily
participate in training of the unit). She served 2 years and
11 days total service for pay purposes.
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FINDINGS AND CONCLUSIONS OF THE BOARD:
1. The application was not filed within three years after the
alleged error or injustice was discovered, or could have been
discovered, as required by Section 1552, Title 10, United States
Code (10 USC 1552), and Air Force Instruction 36-2603. Although
the applicant asserts a date of discovery which would, if
correct, make the application timely, the essential facts which
gave rise to the application were known to applicant long before
the asserted date of discovery. Knowledge of those facts
constituted the date of discovery and the beginning of the
three-year period for filing. Thus the application is untimely.
We do not find the arguments presented support that the
applicant did not know that her discharge from the Air National
Guard was for failure to satisfactorily participate in unit
training. The applicant has not provided sufficient evidence of
efforts on her part to address her discharge at the time it was
rendered.
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 that 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 AFBCMR Docket
Number BC-2012-05025 in Executive Session on 13 August 2013,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-05025 was considered:
Exhibit A. DD Form 149, dated 23 October 2012, w/atchs.
Exhibit B. Applicants Master Personnel Records.
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