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AF | BCMR | CY2013 | BC 2013 03837
Original file (BC 2013 03837.txt) Auto-classification: Denied
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 applicant’s complete submission, with attachment, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s 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 applicant’s 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 
applicant’s 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 applicant’s failure to 
file in a timely manner.

2.  The applicant’s 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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