RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03837
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to a general (under honorable conditions) discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
Around 1980, he received a general (under honorable conditions)
discharge.
In support of his request, the applicant provides a copy of his
DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 23 Feb 56.
On 20 Nov 59, the applicant was furnished a UOTHC discharge for
unfitness and was credited with three years, seven months and
one day of total active service.
On 28 Oct 80, the Air Force Discharge Review Board (AFDRB)
denied the applicants request to upgrade his UOTHC discharge to
a general discharge, indicating the discharge was consistent
with the procedural and substantive requirements of the
discharge regulations and was within the sound discretion of the
discharge authority. The Board concluded that during the
applicants approximately 19 months of service, he was in
military and civilian confinement for practically two months and
he displayed a disregard for military authority and a lack of
interest in progressing within his career field.
On 21 May 14, a request for post-service information was
forwarded to applicant for comment within 30 days. As of this
date, no response has been received by this office (Exhibit C).
________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
1. After careful consideration of the 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 sufficient reason for the delay in filing on a matter
now dating back almost 55 years, which has greatly complicated
the ability to determine the merits of his position. He has not
provided evidence that supports he is the victim of error or
injustice. We are also not persuaded the record raises issues of
error or injustice which require resolution on the merits.
Therefore, in view of the above, we cannot conclude it would be
in the interest of justice to excuse the applicants failure to
file in a timely manner.
2. The applicants case is adequately documented and it has not
been shown that a personal appearance with our without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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 AFBCMR Docket
Number BC-2013-03837 in Executive Session on 26 Jun 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-03837 was considered:
Exhibit A. DD Form 149, dated 9 Sep 13, w/atch.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFBCMR, dated 21 May 14, w/atch.
Panel Chair
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