RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03076
COUNSEL: NONE
(DECEASED FORMERSERVICE MEMBER)
(APPLICANT) HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her late-husbands undesirable discharge be upgraded to a
honorable discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband received improper, unfair, and abusive treatment by
his superiors. He was not afforded representation at a hearing
before the Squadron Commander and was not provided any paperwork
referencing the specific charges or reason for discharge.
The service applicants complete submission, with attachments,
is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The deceased former service members military records were
apparently located in the area most heavily damaged in the fire
at the National Personnel Records Center in 1973.
According to an NA Form 10338, Certification of Military
Service, the deceased former service member served in the Air
Force from 12 Mar 56 to 29 Mar 60 and received an other than
honorable discharge.
According to the deceased former service members DD Form 214,
Armed Forces of the United States Report of Transfer or
Discharge, he served in the Air Force from 12 Mar 56 to 14 Jan
59 and received an other than honorable discharge.
On 2 Apr 14, a request for post-service information was
forwarded to the former service member for response within
30 days (Exhibit C). On 12 Apr 14, the service members spouse
advised the Board that while the service member passed away on
30 Jun 13, she would like to continue the process to have her
husbands discharge upgraded. She noted she was not aware of
the circumstances that prompted her husbands early discharge.
She further noted the service member was very young when he
joined the Air Force. She noted the service member struggled
with alcoholism, worked as a truck driver, was a talented singer
and musician, married for 46 years and had two sons and one
grandson. The only reference she provided in support of the
service members character was a sympathy card from his friends
stating he was a fine person (Exhibit D).
On 19 May 14, the Board staff advised the deceased service
members spouse that in order for her to proceed with the
application she must submit a signed DD Form 149, Application
for Correction of Military Record, along with documentation
verifying she had proper standing to request a correction to the
service members records. She was further advised that her
deceased spouses application had been administratively closed
(Exhibit E).
By DD Form 149, dated 20 May 14, the applicant requested her
deceased spouses undesirable discharge be upgraded to
honorable.
The applicants complete submission, with attachments, is at
Exhibit F.
________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of the applicants request and the
available evidence of record, we find the application untimely.
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. The applicant has not shown a plausible reason for the
delay in filing, and we are not persuaded 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-2013-03076 in Executive Session on 22 Jul 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jun 13, w/atch.
Exhibit B. Former Service Members Available Military
Personnel Records.
Exhibit C. Letter, AFBCMR, dated 2 Apr 14, w/atch.
Exhibit D. Letter, Applicant, dated 12 Apr 14, w/atch.
Exhibit E. Letter, AFBCMR, dated 19 May 14, w/atchs.
Exhibit F. Letter, Applicant, dated 20 May 14, w/atchs.
Panel Chair
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