RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02159
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He had problems during basic training and had to complete three
extra months at basic. He was put in a proficiency school and
eventually graduated from basic with honors.
During technical school training, his officer-in-charge (OIC) was
replaced temporarily and the new first lieutenant and First
Sergeant seemed to have had a personal vendetta against him. He
was given unreasonable orders, which eventually led to an Article
15 and three months in the stockade.
He states his OIC was not only prejudiced against him but other
African-Americans as well.
He was a loyal airman and feels he should have received an
honorable discharge and all benefits due him.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The available records reflect the applicant enlisted in the Regular
Air Force on 13 Jan 69 in the grade of airman basic for a period of
four years. He was promoted to the grade of airman with an
effective date and date of rank of 16 May 69. His grade at the
time of discharge was airman basic, with an effective date and date
of rank of 16 Jul 69.
On or about 6 Jul 69, he was absent without authority from his
appointed place of duty until 8 Jul 69, for which he received an
Article 15. He was restricted to the base for 14 days and ordered
to perform 14 days of extra duty.
On or about 16 Jul 69, the applicant received an Article 15 for
being disorderly in station on or about 14 Jul 69. His punishment
consisted of reduction to the grade of airman basic.
On or about 18 Jul 69, he received an Article 15 for failing to go
to his appointed place of duty, with punishment consisting of
forfeiture of $25 of his pay.
The specific facts surrounding his discharge from the Air Force are
unknown inasmuch as the discharge correspondence is not available.
On 19 Sep 69, he was discharged under the provisions of AFM 39-12,
by reason of unfitness and frequent involvement in incidents of a
discreditable nature with civilian or military authorities, and was
issued an undesirable discharge. He was credited with 8 months and
5 days of active duty service (excludes two days lost time due to
AWOL).
Pursuant to the Board’s request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, provided an investigative
report which is attached at Exhibit C.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommended denial. They were unable to determine
the propriety of the administrative discharge based on the lack of
documentation in his records. They noted that the applicant did
not submit any new evidence or identify any errors or injustices
that occurred in the discharge processing.
A complete copy of the evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant provided a personal statement in response to the Air
Force evaluation.
Applicant’s complete response is at Exhibit F.
In the applicant’s response to the FBI Report of Investigation, he
gave a brief summary of his civilian employment history and an
explanation of the circumstances surrounding the charges cited on
the report.
Applicant’s complete response is at Exhibit H.
___________________________________________________________________
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 note that the
facts surrounding the circumstances of the applicant’s discharge
are not available. However, based upon the presumption of
regularity in the conduct of governmental affairs and without
evidence to the contrary, we must assume that the applicant's
discharge was proper and in compliance with appropriate directives.
Therefore, based on the available evidence of record, we find no
basis upon which to favorably consider this application.
___________________________________________________________________
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-2003-02159 in Executive Session on 22 October 2003, under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. James W. Russell III, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jun 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation
Exhibit D. Letter, HQ AFPC/DPPRS, dated 18 Jul 03.
Exhibit E. Letter, SAF/MRBR, dated 25 Jul 03.
Exhibit F. Letter, Applicant’s Response, undated.
Exhibit G. Letter, AFBCMR, dated 12 Sep 03, w/atchs.
Exhibit H. VA Form 21-4138, Statement in Support of Claim,
dated 15 Oct 03.
MICHAEL K. GALLOGLY
Panel Chair
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