AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
JUL t S m b
IN THE MATTER OF:
DOCKET NO: 98-00342
COUNSEL :
HEARING DESIRED: NO
5
Applicant requests his under other than honorable conditions
(UOTHC) discharge be upgraded to honorable.
Applicant's
submission is at Exhibit A .
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 advisory opinion was
forwarded to the applicant for review and response (Exhibit D).
The applicant's response is at Exhibit E.
After careful consideration of applicant's request and the
available evidence of record, we find insufficient evidence of
error or injustice to warrant corrective action. The facts and
opinions stated in the advisory opinion appear to be based on the
evidence of record and have not been adequately rebutted by
applicant. Absent persuasive evidence applicant was denied rights
to which entitled, appropriate regulations were not followedi- or
appropriate standards were not applied, we find no basis to
disturb the existing record.
Accordingly, applicant's request is denied.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and
will only be reconsidered upon the presentation of new relevant
evidence which was not reasonably available at the time the
application was filed.
Members of the Board Ms. Patricia J. Zarodkiewicz, Mr. Loren S.
Perlstein and Mr. Dana J. Gilmour considered this application on
14 J u l y 1998 in accordance with the provisions of Air Force
Instruction 36-2603 and the governing statute, 10 U.S.C. 1552.
Panel C h a w
Exhibits :
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D.
E. Applicant's Response
AFBCMR Ltr Forwarding Advisory Opinion
DEPARTMENT OF T H E A I R FORCE
HEADQUARTERS AIR FORCE PERSONNEL.CENTER
RANDOLPH AIR FORCE BASE TEXAS
MEMORANDUM FOR AFBCMR
FROM: HQ AFPCDPPRS
550 C Street West Ste 11
Randolph AFB TX 78150-4713
The applicant, while serving in the grade of airman basic, was discharged fiom the Air Force 27
Sep 73 under the provisions of AFR 39-12 (Unfitness) and received an under other than
honorable conditions discharge. He served 03 years 06 months and 16 days total active service,
Reauested Action. The applicant is requesting that his under other than honorable conditions
discharge be upgraded to honorable.
Basis for Request. Applicant feels that it was unjust for him to receive the type discharge that
he received.
Facts. The discharge case file is not on file in applicant’s master personnel record. However,
on file in his permanent records are documents whereby he received Art 15 punishment on 27 Jul
72 for failure to go to his appointed place
taken on 12 Apr 73 for failure to go to his
Art 15
duty at
to go to his appointed place of duty at
time and was in civil confinement at
his DD Form 214,
to the applicant on 08 May 73 for failure to go to his appointed place of
Finally, a fourth Art 15 was administered to him on 05 Jun 73 for faiiure
. Applicant bad a total of 37 days lost
and was unavailable for signature on
Discussion. This case has been reviewed and the discharge was consistent with the procedural
and substantive requirements of the discharge regulation and was within the sound discretion of
the discharge authority based on the number of recorded infractions the applicant had
accumulated. The records indicate member’s military service was reviewed and appropriate
action was taken.
9800342
Recommendation. Applicant did not submit any new evidence or identifjl any errors in the
discharge processing nor provide facts which warrant an upgrade ofthe discharge he received.
Accordingly, we recommend applicant’s request be denied He has not ‘filed a timely request.
JOHN C. WOOTEN, GS-9
Military Personnel Mgmt Spec
Separations Branch
Dir of Personnel Program Management
9800342
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