RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01097
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her Bad Conduct discharge be upgraded to Honorable.
APPLICANT CONTENDS THAT:
Her discharge was a result of her addiction to alcohol and a
bipolar disorder which the Air Force enabled.
She was a great member of the Air Force which was reflected in
her records. She was promoted under the Below the Zone program,
selected as Airman of the Year, and served as a temporary
Secretary to the Chief of Supply.
In support of her request, the applicant asks the Board to take
into consideration that her actions were not her own. She
sought help many times for her alcohol intake. Everything was
taken from her for reasons that were not right.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 6 Mar
85.
On 5 Oct 90, the applicants commander vacated her
noncommissioned officer status based on an incident of
unacceptable behavior. The applicant appealed the decision;
however, the commander ultimately upheld his decision.
On 2 Apr 91, the applicant received an Article 15, Nonjudicial
Punishment, for violation of Article 86, failure to go. She was
reduced in rank to airman first class and ordered to perform 30
days of extra duty.
On 2 May 91, the applicant was found guilty by a General Court
Martial for violating Article 112a, wrongful use of amphetamine
and marijuana. She was sentenced to a reduction in grade to
airman basic, forfeit $300 pay per month for one month and
receive a Bad Conduct discharge.
On 3 Apr 92, the applicant was furnished a Bad Conduct
discharge, and was credited with 7 years and 8 days of active
service.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial due to untimeliness indicating the
applicant offers no allegations of an error or injustice, but
only that her request should be considered because she was a
great Air Force member.
A complete copy of the AFLOA/JAJM evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 19 Sep 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of the 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-2014-01097 in Executive Session on 13 Jan 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFLOA/JAJM, dated 21 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 19 Sep 14.
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