RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02579
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by
the appropriate office of the Air Force (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial. They indicated that in the year 1962
the applicant was convicted by the State of Maine for having carnal
knowledge of a female child between the ages of 15 and 16 years. He
was sentenced to not less than one, but no more than two years at hard
labor. The applicant was discharged in accordance with AFR 39-22
(Civil Conviction/Confinement) on 19 December 1962 and furnished a
UOTHC discharge. He served 11 years, 6 months, and 19 days total
active service. He served 1 year, 6 months and 19 days of this
enlistment. He had 77 days lost time.
Based upon the documentation in the file, they believe the discharge
was consistent with the procedural and substantive requirements of the
discharge directives in effect at the time of his discharge. The
applicant did not submit any new evidence or identify any errors or
injustices that occurred in the discharge processing. Additionally,
he provided no facts warranting an upgrade of his discharge. He did
not file a timely request.
The evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 20 September 2002, a copy of the evaluation was forwarded to the
applicant for review and response within thirty (30) days. As of this
date, no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or an injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of an error or an injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number 02-
02579 in Executive Session on 22 October 2002, under the provisions of
AFI 36-2603:
Ms. Olga M. Crerar, Panel Chair
Mr. Mike Novel, Member
Ms. Martha Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 August 2002, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 11 September 2002.
Exhibit D. Letter, SAF/MRBR, dated 20 September 2002.
OLGA M. CRERAR
Panel Chair
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