RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04914
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. The from and to dates on his NA Form 13038, Certificate of Military Service, be corrected to reflect 15 Sep 49 through 14 May 57.
2. His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect an Honorable Discharge.
APPLICANT CONTENDS THAT:
He is unable to receive much needed medical benefits from the Veterans Administration due to the multiple discrepancies in his record. Because his final separation from the Air Force was Honorable, all of his records should be corrected to reflect the Honorable Discharge in 1957.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Army on 14 Aug 47 and was honorably discharged on 15 Sep 49 to enlist in the Regular Air Force.
On 25 Mar 52, the applicant pled guilty and was found guilty at a Special Court-Martial for absenting himself from his organization without proper authority, in violation of Article 86, uniform Code of Military Justice (UCMJ). He was sentenced to a Bad Conduct Discharge (BCD), forfeitures of $61.00 per month for three months, and confinement at hard labor for three months.
On 4 Apr 52, the convening authority approved the sentence but suspended the portion adjudging the BCD until release from confinement or until completion of appellate review.
On 11 Apr 52, the Court of Appeals approved the BCD, forfeiture of $61.00 per month for three months, and confinement at hard labor for three months.
On 1 Jul 52, the applicant was furnished a BCD and credited with 3 years, 10 months, and 25 days of total active service.
The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and D.
AIR FORCE EVALUATION:
AFPC/DPSIRP recommends denial of the applicants request pertaining to his NA Form 13038 indicating the applicant has not exhausted all available avenues of administrative relief prior to seeking correction of his military records. The NA Form 13038 was completed and issued by the National Personnel Records Center (NPRC) on 31 May 13. The Air Force does not have the authority to make changes to this document; any corrections will need to be addressed by NPRC.
A complete copy of the AFPC/DPSIRP evaluation is at Exhibit C.
AFPC/DPSIPV recommends denial of the applicants request to correct his DD Form 214, indicating there is no evidence of an error or injustice with respect to the court-martial process. There is no documentation in the applicants record to verify service after 1 Jul 52. Since the applicant was discharged under a BCD in 1952, he would not have been eligible to remain on active duty until 1957.
A complete copy of the AFPC/DPSIPV evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 28 Jul 14 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office.
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. With respect to his request for his military personnel records, inasmuch as the Board is not the custodian for such records, it is suggested the applicant contact the National Personnel Records Center (NPRC) to request copies of his records.
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-2013-04914 in Executive Session on 28 Jan 15, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSIRP, dated 12 Mar 14.
Exhibit D. Memorandum, AFPC/DPSIPV, dated 9 Apr 14.
Exhibit E. Letter, SAF/MRBR, dated 28 Jul 14.
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