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AF | BCMR | CY2014 | BC 2014 03914
Original file (BC 2014 03914.txt) Auto-classification: Denied
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 applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

According to the applicant’s 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 applicant’s 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 commander’s 
recommendation, directing the applicant’s 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 applicant’s 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 applicant’s 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 applicant’s contention that he was unfairly harassed 
was not supported by the record or by his testimony.  Lastly, 
the AFDRB concluded that the applicant’s 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 applicant’s 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 applicant’s 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.

						







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