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Decision Text

AF | BCMR | CY2014 | BC 2014 00220
Original file (BC 2014 00220.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 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 
applicant’s 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.

						






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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

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
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