RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04342
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be changed to a medical discharge.
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APPLICANT CONTENDS THAT:
After being physically assaulted (punched in the face, knocked down, stomped on his head, back, neck, and chest) by five other airmen while stationed at Nellis Air Force Base, he was unable to sleep, get his act together, and function on the job. Subsequently, he was rendered a General (Under Honorable Conditions) discharge, without any consideration for his physical/mental condition.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 9 Dec 55.
On 13 Jul 56, the applicant was furnished a General (Under Honorable Conditions) discharge, and was credited with seven months and four days of active service.
On 13 Jun 14, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office.
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FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the available evidence of record, we find the application untimely. 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. Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that 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.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-04342 in Executive Session on 31 Jul 14, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Sep 13, w/atch.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, SAF/MRBR, dated 26 Sep 13.
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