RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03098
INDEX CODE: 110.03
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
MANDATORY CASE COMPLETION DATE: 22 May 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other honorable conditions (UOTHC) discharge be changed to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He joined the Air Force under extreme hardship as his mother had died
and his father, who had abandoned the family earlier, was left to
raise him. With his father’s assistance, he lied about his age and
joined the Air Force at age 17. He contends he was young and
undisciplined and had many scrapes with authority. He contends he
received an Article 15 because of his temper. Eventually, his
supervisor asked him if he wanted to get out of the service to which
he affirmed. He had no idea what an undesirable discharge meant and
only recently realized how much it has affected his career
opportunities and benefits and such. He is retired and receives
social security. He is divorced with four children, ten
grandchildren, and seven great grandchildren. He feels things are
going well for him now and sincerely hopes the Board will grant his
request to change his discharge status.
In support of his appeal, the applicant has provided a personal
statement and a DD Form 214, Armed Forces of the United States Report
of Transfer or Discharge.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant began his regular Air Force career on 30 April 1956. On 27
June 1957, he was issued an Article 15 and reduced in grade from
airman third class (A3C/E-2) to airman basic (AB/E-1) for failure to
report to duty. On 2 October 1958, he failed to report to work on
time and refused phone calls from his supervisor. Consequently, he
was issued another Article 15 and restricted to the base for 14 days.
On 10 October 1958, his unit received correspondence alleging the
applicant was over 13 months overdue on payment to an account. On
various occasions he was late to work and late returning from his
lunch hour for which he was verbally counseled. On 28 October 1958,
he called his orderly room to let them know he could not make it back
from Mexico, as he had no money to return to the base. He was issued
another Article 15 and reduced in grade again from A3C to AB.
On 4 November 1958, his commander notified him that he had initiated
action to involuntarily discharge him. He acknowledged receipt of the
letter of notification as well as his right to counsel and to submit
statements on his behalf. After consulting counsel, he waived his
entitlement to appear before a discharge review board and requested
discharge instead. As a result, the discharge authority approved the
separation and directed the applicant be discharged with an
undesirable, under other than honorable conditions (UOTHC) discharge.
Applicant was discharged on 20 November 1958 after having served for 2
years, 6 months, and 21 days of active military service. He was
discharged in the grade of AB.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS contends that based on the
available documentation and review of his master personnel records,
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the discretion
of the discharge authority. The applicant provided no evidence of
error or injustice, nor did he present any facts warranting a change
to his character of service.
DPPRS’s complete 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 3
December 2004 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 took notice of the
applicant's complete submission in judging the merits of the case
including his comments on his upbringing; however, we agree with the
opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice.
It appears the applicant was punished for multiple infractions and
showed an indifference to counseling that led to his eventual
involuntary UOTHC discharge. 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 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-
2004-03098 in Executive Session on 6 April 2005, under the provisions
of AFI 36-2603:
Ms. Cathlynn B. Sparks, Panel Chair
Mr. Terry L. Scott, Member
Mr. Patrick C. Daugherty, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Nov 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 29 Nov 04.
Exhibit D. Letter, SAF/MRBR, dated 3 Dec 04.
CATHLYNN B. SPARKS
Panel Chair
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