RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02395
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was given an undesirable discharge for a charge of being absent
without leave (AWOL) and believes he was unjustly used as a
scapegoat. He was young and did not fully understand the
consequences of his actions.
In support of his appeal, applicant submitted a copy of his DD Form
214, Report of Separation from Active Duty, dated 3 Nov 1975.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 18 May 1973. Prior
to the events under review, applicant was promoted to the grade of
airman first class with an effective date and date of rank of
20 July 1975.
On 24 July 1975, he received an Article 15 punishment for failure
to go to his appointed place of duty on or about 23 June and
24 June 1975. His punishment consisted of reduction in grade to
the rank of airman with an effective date and date of rank of
8 October 1975.
After receiving the notification of the Article 15, applicant went
AWOL from 29 July 1975, until his status was upgraded to deserter
on 30 August 1975. Applicant was apprehended and returned to
military control on 2 October 1975.
Court-Martial charges were preferred against the applicant for
being absent without leave for a period of 65 days.
On 8 October 1975, after consulting with counsel, applicant
submitted a request for discharge for the good of the service, in
lieu of trial by court-martial. On 16 October 1975, the assistant
staff judge advocate recommended an undesirable discharge, without
probation and rehabilitation (P&R).
On 30 October 1975, the Numbered AF commander approved the
discharge, without P&R.
On 3 November 1975, applicant was discharged under the provisions
of AFM 39-12, with service characterized as under other than
honorable conditions and was issued an undesirable discharge
certificate. He was credited with 2 years, 5 months, and 16 days
of active duty service during this enlistment (excludes 65 days due
to AWOL and desertion).
On 6 December 1978, the Air Force Discharge Review Board (AFDRB)
considered and denied applicant’s request to have his discharge
upgraded.
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 applicant’s request be denied. Based on
available documentation in the file, they found the discharge
consistent with the procedural and substantive requirements of the
discharge regulation. Additionally, the discharge was within the
sound discretion of the discharge authority. They also noted
applicant did not submit any new evidence or identify any errors or
injustices that occurred in the discharge processing and provided
no other facts warranting a change to his character of service.
A complete copy of the evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 13 Aug 04 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit E).
On 13 Sep 04, a copy of the FBI report was forwarded to the
applicant for comment. At that time, the applicant was also
invited to provide additional evidence pertaining to his activities
since leaving the service (Exhibit F). 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. The discharge
appears to be in compliance with the governing regulations and we
find no evidence to indicate that his separation from the Air Force
was inappropriate. We find no evidence of error in this case and
after thoroughly reviewing the documentation that has been
submitted in support of applicant's appeal, we do not believe he
has suffered from an injustice. Therefore, based on the available
evidence of record, we find no basis upon which to favorably
consider this application.
4. Although the applicant did not specifically request
consideration based on clemency, we also find insufficient evidence
to warrant a recommendation that the discharge be upgraded on that
basis. We have considered applicant's overall quality of service,
the events which precipitated the discharge, the contents of the
FBI Report of Investigation, and the absence of evidence related to
his post-service activities and accomplishments. On balance, we do
not believe that clemency is warranted.
___________________________________________________________________
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-2004-02395 in Executive Session on 17 November 2004, under the
provisions of AFI 36-2603:
Ms. Kathy L. Boockholdt, Panel Chair
Mr. Wallace F. Beard Jr., Member
Mr. Albert C. Ellett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 11 Aug 04.
Exhibit E. Letter, SAF/MRBR, dated 13 Aug 04.
Exhibit F. Letter, AFBCMR, dated 13 Sep 04.
KATHY L. BOOCKHOLDT
Panel Chair
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