RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00898
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge does not allow him to make claim against his military
service rendered; he had no time lost; he attended a hearing, and that
he was granted his Veteran’s Administration (VA) benefits.
His submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 26 March 1971. He
attained the grade of Airman (Amn/E-2) with a date of rank of 28
April 1971.
On 27 October 1971, the applicant received a Letter of Reprimand (LOR)
for unauthorized use of government-leased telephone lines. On 19
November 1971, he received an Article 15 for failure to obey two
lawful orders. On 5 May 1972, he received an LOR for failure to
appear for two dental appointments. On 7 June 1972, he received an
Article 15 for failure to go to appointed place of duty where he
received a suspended reduction to AB. On 9 August 1972, he received
an LOR for speeding, and on 23 August 1972, he received an Article 15
for theft whereby the earlier suspended reduction in grade to AB was
vacated.
The applicant’s commander notified him on 28 September 1972 that he
was recommending the applicant meet an officer discharge review board
for continuous misconduct and frequent involvement of a discreditable
nature with military authorities. Applicant appeared before the Board
on 29 September 1972. The Board recommended an undesirable discharge
with no Probation and Rehabilitation (P&R) that the discharge
authority approved on 25 October 1972. Applicant was subsequently
discharged with an UOTHC discharge on 27 October 1972 after serving 1
year, 7 months and 27 days. He was discharged as an AB.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial noting that the applicant provided no new
evidence or identify any errors or injustices in the processing of his
discharge. DPPRS states that the discharge was consistent with the
procedural and substantive requirements of the discharge regulation
and that it was within the discretion of the discharge authority.
DPPRS’s evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
18 April 2003 for review and comment within 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 error or injustice. We find no impropriety in the
characterization of applicant's discharge. It appears that
responsible officials applied appropriate standards in effecting the
separation, and we do not find persuasive evidence that pertinent
regulations were violated or that applicant was not afforded all the
rights to which entitled at the time of discharge. We conclude,
therefore, that the discharge proceedings were proper and
characterization of the discharge was appropriate to the existing
circumstances.
4. Because the applicant has provided no documentation concerning
post-service conduct, the Board finds nothing to warrant an upgrade of
his discharge on the basis of clemency. However, should he provide
statements from community leaders and acquaintances attesting to his
good character and reputation and other evidence of successful post-
service rehabilitation, this Board will reconsider this case based on
the new evidence. We cannot, however, recommend approval based on the
current evidence of record.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or 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 BC-
2003-00898 in Executive Session on 5 June 2003, under the provisions
of AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Ms. Kathleen F. Graham, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Mar 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 10 Apr 03.
Exhibit D. Letter, SAF/MRBR, dated 18 Apr 03.
ROBERT S. BOYD
Panel Chair
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