RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00220
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
He does not know why he received a general discharge but he
should be given an honorable discharge.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 14 Feb 52, the applicant enlisted in the Regular Air Force.
On 18 Feb 54, the applicant was found guilty at a Summary Court-
Martial. He was sentenced to reduction to the lowest enlisted
grade, Airman Basic (AB, E-1), hard labor for 30 days, and
forfeiture of $50 pay.
On 18 Feb 54, the convening authority approved only so much of
the sentence as reads to be reduced to the lowest enlisted
grade, to be restricted to the limits of Lackland Air Force Base
for 30 days and to forfeit $50 of his pay.
On 22 Apr 55, the applicant received an Article 15 for
unlawfully carrying a concealed weapon in violation of the
Uniform Code of Military Justice (UCMJ). As a result, his
punishment consisted of reduction to the grade of AB.
On 20 Feb 56, the applicant received a general discharge, and
was credited with four years of total active service.
On 21 Mar 14, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office (Exhibit C).
FINDINGS AND CONCLUSIONS OF THE BOARD:
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 over 58 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.
Additionally, in the interest of justice, we considered
upgrading the characterization of the applicants discharge
based on clemency; however, due to lack of post-service
documentation, we are not persuaded that an upgrade on this
basis is warranted. Therefore, in view of the above, we cannot
conclude it would be in the interest of justice to excuse the
applicants failure to file in a timely manner.
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-2014-00220 in Executive Session on 20 Nov 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Jan 14.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 21 Mar 14, w/atchs.
2
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
3
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
3
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