RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03914
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
He was treated unfairly as well as molested and sexually
harassed by those in authority over him.
The applicant provides no rationale as to why his failure to
timely file should be waived in the interest of justice.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to the applicants DD Form 214, Certificate of Release
or Discharge from Active Duty, on 9 Apr 86, he enlisted in the
Regular Air Force.
On 21 Jun 88, the applicant was notified by his commander of his
intent to recommend his discharge from the Air Force for Minor
Disciplinary Infractions, under the provisions of AFR 39-10,
Administrative Separation of Airmen, Section H, paragraph 5-46.
The reasons for this action were:
a. On 29 Oct 86, the applicant received a Letter of
Reprimand (LOR) for assaulting two fellow airmen and consuming
alcohol while under the age of 21.
b. On or about 18 Mar 87, the applicant operated his
privately owned vehicle without headlights, for which he
received a traffic ticket.
c. On 21 Apr 87, the applicant drove his vehicle
inattentively, resulting in a fixed object accident, for which
he received a traffic ticket.
d. On 23 Jun 87, the applicant received a LOR for failing
to go to his appointed place of duty at the prescribed time on
6 different occasions.
e. On 17 Aug 87, the applicant received a LOR for
escorting an unauthorized individual into a secure area.
f. On 7 Sep 87, the applicant failed to dim his vehicle
lights due to inoperable low beams, for which he received a
traffic ticket.
g. On 14 Dec 87, the applicant received a Letter of
Counseling (LOC) for failing to go to his appointed place of
duty at the prescribed time.
h. On 25 Feb 88, the applicant received a LOC for failing
to obey a lawful order.
i. On 2 Mar 88, the applicant received a LOC for failing
to go to his appointed place of duty at the prescribed time.
j. On 18 Apr 88, the applicant received a LOC for failing
to go to his appointed place of duty at the prescribed time.
k. On 10 May 88, the applicant received a LOR/Unfavorable
Information File (UIF) for misuse of a government phone.
l. On 18 May 88, the applicants commander issued him
nonjudicial punishment (Article 15) under the Uniform Code of
Military Justice (UCMJ) for failing to go to his appointed place
of duty at the prescribed time.
On 21 Jun 88, the applicant acknowledged receipt of the action,
and on 23 Jun 88, he consulted counsel and submitted statements
in his behalf.
On 30 Jun 88, the case was found to be legally sufficient and on
the same date, the discharge authority approved the commanders
recommendation, directing the applicants administrative
discharge without probation and rehabilitation.
On 1 Jul 88, the applicant received an UOTHC discharge for
unfitness and was credited with 2 years, 2 months and 23 days of
total active service.
On 3 Dec 90, the Air Force Discharge Review Board (AFDRB) denied
the applicants request to upgrade his general discharge to an
honorable discharge and to change the narrative reason for
separation, indicating the discharge was consistent with the
procedural and substantive requirements of the discharge
regulations and was within the sound discretion of the discharge
authority. The AFDRB concluded that the applicants contention
and his testimony that his discharge was too harsh were not
sufficient to establish that there was any inequity in the
character of his discharge. Additionally, the AFDRB concluded
that the applicants contention that he was unfairly harassed
was not supported by the record or by his testimony. Lastly,
the AFDRB concluded that the applicants contention that he was
disadvantaged by his ethnic and cultural background was not
supported by the record or his testimony to find that this was a
basis for his disciplinary problems.
On 9 Oct 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 applicants request and the
available 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 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-2014-03914 in Executive Session on 10 Jun 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-03914 was considered:
Exhibit A. DD Form 149, dated 21 Sep 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 9 Oct 14, w/atch.
AF | DRB | CY2005 | FD2004-00467
Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE ATR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD FD2004-00467A (Former SRA) (HGH SRA) (REHEARING) 1. h. On or about 7 Jun 95 you reported to work late and on or about 19 Oct 95 you failed to complete a given task for which you received a Letter of Counseling on 23 Oct 95. : PO x20 20467 4 i, On or about 12 May 96 you was driving at an unreasonable rate of speed for which you received a traffic ticket and a Letter of Counseling on 8...
AF | DRB | CY2003 | FD2002-0540
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | ¢p7002-0540 GENERAL: The applicant appeals for upgrade of discharge to honorable. The Board noted that applicant signed a statement (DD Form 2366, on September 8, 1997) that he understood he must receive an Honorable discharge to receive future educational entitlements. For your actions, you received a Letter of Counseling (LOC).
AF | DRB | CY2002 | FD2002-0449
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD ! NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN | A ie TYPE Be, PERSONAL APPEARANCE X RECORD REVIEW "COUNSEL = “NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES NO X | VOTE OF: THE BOARD MEMBERS SITTING HON “GEN UOTHC OTHER DENY xX X X L 1 xX —
AF | DRB | CY2004 | FD2002-0370
(Change Discharge to Honorable) Issue: I was issued an improper discharge because of seven minor incidents { ( 7 c ) five Letters of Reprimand and two Letters of ~ounseling}, which became a significant factor to the 4 0 0 t h Missile Unit at F.E. You received an LOR on 1 Apr 97. c. You, at or near Frailcis E. Warren Air Force Base, Wyoming, on or about 18 Fcb 97, failed to go to a Dental appointment. You received an Letter of Counseling (LOC) on 23 Peb 97 d. You were, at or near Cheyenne,...
AF | BCMR | CY2008 | BC-2007-03866
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03866 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to an honorable discharge. On 22 Sep 86, the applicant received a Letter of Counseling (LOC) for failing to report at the prescribed time to a military doctor and his...
AF | DRB | CY2003 | FD2002-0354
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE PERSONAL APPEARANCE X RECORD REVIEW “COUNS, : "| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES NO MEMBERS SITTING | mK) ms] ISSUES INDEX NUMBER oe A TO-THE BOARD A94,.53, A67.50 A67.10 1 | ORDER APPOINTING THE BOARD 2 +| APPLICATION FOR REVIEW OF DISCHARGE 3 | LETTER OF NOTIFICATION HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE 6 MAY...
AF | DRB | CY2003 | FD2003-00039
The Board noted that applicant signed a statement (DD Form 2366, on September 13, 1996) that he understood he must receive an Honorable discharge to receive future educational entitlements. In view of the foregoing findings the board further concludes that there exists no legal or equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed. (Atch Ic) d. On 25 August 1998, you received a letter of counseling (LOC) for failing to report for duty at the time...
AF | DRB | CY2007 | FD2006-00222
...............2 RECORD REVIEW ADDRESS AND OR ORCANIZATIOY OF COUNSEL VOTE OF THE BOARD HON GEN UOTHC OTHER I DENY I I EXHIBITS SUBMITTED TO THE BOARD I I 1 2 3 4 ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HE HEARING DATE 1 13 Mar 2007 CASE NUMBER ( FD-2006-00222 I I I I I APPLICANT'S ISSUE AND THE...
AF | DRB | CY2003 | FD2002-0448
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2002-0448 GENERAL: The applicant appeals for upgrade of discharge to Honorable. The applicant received three Article 15s, two Letters of Reprimand, one Letter of Counseling, one Letter of Admonishment, and two Records of Individual Counseling for financial irresponsibility, failure to obey, failure to go, and traffic, parking and speeding violations. Attachment: Examiner's Brief FD2002-0448 DEPARTMENT OF THE AIR FORCE AIR...
AF | DRB | CY2003 | FD2003-00030
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0030 GENERAL: The applicant appeals for upgrade of discharge to Honorable. He also received five Records of Individual Counseling for being late for work (5 times), violation of appearance standards, and for refusal to perform assigned duty and for being disrespectful. RIC, 03 SEP 87 - Refusal to perform assigned duty and disrespectful.