RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-05355
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
1. His under honorable conditions (general) discharge be
upgraded to honorable.
2. His reenlistment (RE) code of 2B (Involuntarily separated
under AFR 39-10 with a general or under other than honorable
conditions (UOTHC) discharge) be changed to 3K (Secretarial
Authority).
APPLICANT CONTENDS THAT:
He was involved in a going away party where a billeting room was
damaged. He accepted responsibility for his action in the
incident. He was sentenced to 90 days confinement, loss of
rank, forfeiture of pay, an involuntary separation, and a
general discharge. He has always been ashamed of his lack of
restraint in controlling his drinking during that time and the
tarnishing of his successful military career.
His discharge, RE code, and narrative reason for separation is
an obstacle to his reentry into military service. He served his
time and was rightly discharged due to his poor behavior, but
believes his characterization of service does not fairly
represent the sum of his Air Force career. He is requesting an
investigation into the concerns he has regarding his discharge.
His evaluations that span his Air Force career clearly show his
high level of performance with no mention of misconduct. He was
never offered an opportunity for rehabilitation. Furthermore,
documentation shows that his chain of command failed to adhere
to policy when they did not refer him to the area defense
counsel (ADC) within three days after issuing the Article 15.
Furthermore, there is documentation stating his discharge case
contained administrative errors.
It has been more than 25 years since his discharge. His
personal and professional life shows a pattern of exemplary
conduct. He is sober, has earned a certificate of achievement
in Drug and Alcohol Studies, and earned bachelors and masters
degrees in Social Work. He is married with children. He is a
licensed clinical social worker. He works for the Department of
Defense as the Chief of Social Work assisting the Warrior
Transition Battalion.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 27 Aug 85, the applicant commenced his enlistment in the
Regular Air Force.
On 13 Sep 88, the applicants commander notified him that he was
recommending his discharge from the Air Force for conduct
prejudicial to good order and discipline. The specific reasons
for the discharge action were: the applicant received ten
Letters of Counseling (LOC) for failing room inspections, being
late to work, failure to go to a mandatory briefing, failure to
turn in Volume 2 of his Career Development Courses (CDC),
failure to obey a lawful order and dereliction of duty; two
Letters of Reprimand (LOR) for failing an room inspection and
dereliction of duty; an Article 15 for being drunk and
disorderly, and a court-martial for willfully damaging
government property.
On 14 Sep 88, the applicant acknowledged receipt of the
notification and consulted legal counsel and waived his right to
submit a statement in his own behalf.
On 19 Sep 88, the legal office reviewed the case and found it
legally sufficient to support separation and recommended the
applicant be furnished a general discharge without probation and
rehabilitation.
On 21 Sep 88, the discharge authority directed the applicant be
furnished a general (under honorable conditions) discharge
without probation and rehabilitation. The applicant was
credited with two years, seven months, and ten days of total
active service.
On 2 Nov 88, the applicant was notified that two errors were
committed in his administrative discharge, the final court-
martial order did not reduce him to the rank of airman basic and
he was administratively discharged prior to the completion of
the appellate review of his special court-martial. The
applicant was further advised if he wished to correct these
administrative errors he should apply to the Air Force Board of
Correction for Military Records (AFBCMR).
On 27 Aug 14, a request for post-service information was
forwarded to the applicant for response within 30 days
(Exhibit C). 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.
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-2013-05355 in Executive Session on 2 Oct 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Nov 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 27 Aug 14, w/atch.
3
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