RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05172
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to a general (under
honorable conditions).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was a juvenile and not properly represented by counsel at the
civil action.
He did not commit the crime as accused.
The applicant provides no rationale as to why his failure to
timely file should be waived in the interest of justice.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Report of Separation from the Armed Forces of the
United States, issued in conjunction with his 17 Oct
55 discharge.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on the DD Form 214 provided by the applicant, on 14 Feb
55, the applicant enlisted in the Regular Air Force for a period
of four years.
On 17 Oct 55, the applicant was discharged under the provisions
of AFR 39-22, Disposition of Airmen Convicted by Civil Court or
Adjudged Wayward Minors, Youthful Offenders, or Juvenile
Delinquents, with service characterized as undesirable, in the
grade of airman basic. He was credited with 4 months and
24 days of active duty service.
________________________________________________________________
THE BOARD CONCLUDES THAT:
We have carefully reviewed the applicants submission and the
evidence of record and do not find a sufficient basis to excuse
the untimely filing of this application. 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, Air Force Board for
Correction of Military Records. The 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
untimely filing of this application.
The applicants case is adequately documented and it has not
been shown that a personal appearance with or 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-2013-05172 in Executive Session on 9 Sep 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Oct 13, w/atchs.
Exhibit B. Pertinent Excerpts of Personnel Records.
Panel Chair
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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