RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01227
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge (UOTHC) be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Looking back over his life he believes during his time in the Air Force he
made bad choices and could have handled situations differently. He desires
his discharge upgraded.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 1 December 1965 in the grade
of airman basic for a period of four (4) years.
On 14 July 1966, the applicant was convicted by a special court-martial for
the following offense:
Charge: Violation of the Uniform Code of Military Justice, Article 86.
Specification: The applicant did on or about 2 March 1966, without proper
authority, absent himself from his organization, and did remain so absent
until on or about 20 May 1966.
The applicant was found guilty of the specification and charge. He was
sentenced to confinement at hard labor for five months, a forfeiture of
$60.00 per month for three months and a reduction in grade from airman
third class to airman basic.
The sentence was adjudged on 1 July 1966.
On 21 June 1967, the applicant was convicted by a summary court-martial for
the following offense:
Charge: Violation of the Uniform Code of Military Justice, Article 86.
Specification: The applicant did on or about 19 January 1967, without
proper authority, absent himself from his unit, and did remain so absent
until on or about 6 June 1967.
On 22 June 1967, after consulting with legal counsel, the applicant
submitted a request for discharge for the good of the service. The
applicant indicated he understood if his request for discharge was
approved, it could result in an undesirable discharge, he would not be
entitled to settlement for accrued leave, he may be deprived of veterans’
benefits, and may encounter substantial prejudice in civilian life in
situations where the type of service rendered in any branch of the Armed
Forces or the type of discharge received there from may have a bearing.
The commander indicated in his recommendation for discharge the applicant
had a character and behavior disorder which had played a significant part
in his misconduct. It would be to the best interests of both the Air Force
and the applicant to approve the request for discharge. Notwithstanding
the seriousness of the applicant’s misconduct, the ends of justice would be
met by the approval of the request for discharge.
On 7 July 1967, the findings of a psychiatric evaluation indicated the
applicant was diagnosed as having immature personality, passive dependent
type, manifested by inability to appropriately express feelings of
hostility or anger toward authority figures, inability to tolerate absence
from significant family figures, allowing other figures to make significant
decisions in his life, passicity in stressful or crisis situations. The
applicant was suffering from a character and behavior disorder of lifelong
duration, which was not felt would be amenable to retraining,
reclassification, rehabilitation, hospitalization, outpatient psychiatric
treatment or disciplinary action. The applicant was sane, able to
distinguish between right and wrong, and to adhere to the right. He was
able to participate in his own defense and understand board proceedings.
He was cleared psychiatrically for any administrative or disciplinary
action deemed necessary by command. There was no reason for consideration
of separation from the service for psychiatric reasons.
On 12 July 1967, the commander recommended the applicant’s request for
discharge be approved.
On 24 July 1967, the Office of the Surgeon indicated a review of the report
of medical examination indicated there were no mental or physical defects
which would preclude administrative separation. They further indicated the
medical clearance was granted.
On 31 July 1967, the Assistant Staff Judge Advocate recommended the
applicant be separated with an undesirable discharge.
On 3 August 1967, the discharge authority approved the discharge.
Applicant was discharged on 11 August 1967, in the grade of airman basic
with an under other than honorable conditions (UOTHC) discharge, under the
provisions of AFM 39-12 (Request for Discharge for the Good of the
Service). He served one year, one month, and five days of total active
military service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial. They indicated the discharge was consistent
with the procedural and substantive requirements of the discharge
regulation. The discharge was within the discretion of the discharge
authority. The applicant requested discharge for the good of the service
and has not submitted any evidence or identified any errors or injustices
that occurred in the discharge processing. He provided no facts warranting
a change to the character of service.
The evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In a letter to the President of the United States, the applicant indicates
he desires his discharge upgraded to receive benefits that most Vietnam
Veterans have. His records indicate he absented himself from his
organization without proper authority; however, the record does not explain
why he was absent. He states he went home to help his mother who was
mentally unstable and going through a divorce.
Applicant’s complete response is at Exhibit E.
_________________________________________________________________
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 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. The applicant requested discharge for
the good of the service. As such, the applicant has failed to demonstrate
the commander exceeded his authority or the characterization for the
discharge was inaccurate or unwarranted. The Board believes responsible
officials applied appropriate standards in effecting the separation, and
the Board does not find persuasive evidence that pertinent regulations were
violated or the applicant was not afforded all the rights to which entitled
at the time of discharge. Therefore, we find no basis upon which to
favorably consider the requested relief.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of an 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-2004-
01227 in Executive Session on 22 July 2004, under the provisions of AFI 36-
2603:
Mr. Laurence M. Groner, Panel Chair
Ms. Cheryl V. Jacobson, Member
Ms. Jean A. Reynolds, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 March 2004, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 29 April 2004.
Exhibit D. Letter, SAF/MRBR, dated 7 May 2004.
Exhibit E. Letter, Applicant, undated.
LAURENCE M. GRONER
Panel Chair
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