RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-04183
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
He deserves a better discharge in the capacity that he served
and one mistake should not ruin his life.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
According to the applicants DD Form 214, Armed Forces of the
United States Report of Transfer or Discharge, on 4 Jan 65, he
enlisted in the Regular Air Force.
On 26 Sep 67, the applicants commander notified him that he was
recommending his discharge from the Air Force for Unfitness due
to frequent involvement of a discreditable nature with civil or
military authorities. The specific reasons for the action were
that:
a. On 10 Feb 67, the applicant received an Article 15 for
failing to report at the time and place prescribed in violation
of the Uniform Code of Military Justice (UCMJ). As a result,
his punishment consisted of reduction to the grade of Airman
Third Class (A3C, E-2), suspended for six months and forfeiture
of $25.00 per month.
b. On or about 13 May 67, the applicant received a
citation for careless driving/accident and for no drivers
license/accident from the local police department. As a result,
he was found guilty and fined $25.00.
c. On 14 Jul 67, the applicant received an Article 15 for
failing to report at the time and place prescribed and
disobeying a lawful order in violation of the UCMJ. As a
result, his punishment consisted of reduction to the grade of
A3C, forfeiture of $50.00 pay, and 30 days correctional custody.
d. On 7 Aug 67, the applicant was found guilty at a
Special Court-Martial for being Absent Without Leave (AWOL) and
breach of restriction. He was sentenced to reduction to the
grade of Airman Basic (AB, E-1), hard labor for 4 months, and
forfeiture of $86.00 pay per month for 4 months.
On 24 Oct 67, the discharge authority directed the applicant be
discharged with a general discharge.
On 1 Nov 67, the applicant received a general discharge, and was
credited with two years, six months, and seven days of total
active service.
On 11 Apr 69, the Air Force Discharge Review Board (AFDRB)
denied the applicants request to upgrade his general (under
honorable conditions) discharge to honorable, indicating the
applicant was properly discharged and that the type of discharge
was equitable and proper. The board concluded that a change in
the type or nature of the applicants discharge was not
warranted.
On 17 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-2014-04183 in Executive Session on 10 Jun 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Oct 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 17 Oct 14.
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Applicant’s complete submission is at Exhibit A. Applicant’s record reflects he received an Article 15 vacation of suspended reduction to airman on 18 Nov 69. Based on this, his date of rank (DOR) to airman should have been 15 Jul 69 (date original Article 15 was imposed) with an effective date of 18 Nov 69 (date of vacation of suspended reduction).
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The applicant is requesting he be promoted to A3C (E-2) earlier than 1 Feb 55, the date he was promoted. The applicant enlisted 25 Aug 53 in the grade of Airman Basic (E-l), was promoted to A3C (E-2) 1 Feb 55, promoted to A2C (E-3) 1 Jun 56, promoted to A1C (E-4) 1 Sep 59 (A1C (E-4) redesignated Sgt (Ed)), and to SSgt (E-5) 1 Dec 68.
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He received a General Under Honorable Conditions discharge under the provisions of AFR 39-16 (Discharge of Airmen During Their First Enlistment - Unsuitability). DPPRS notes also that the applicant provided no evidence of any errors or injustices that occurred during discharge processing, nor did the applicant provide any facts warranting an upgrade of the discharge he received. Exhibit C. Letter, HQ AFPC/DPPRS, dated 4 Nov 02.
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