RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01626
INDEX CODE: 110.02
XXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 20 November 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He made a grave mistake during the military period of his life and deeply
regrets it. The applicant provides no evidence in support of his appeal.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 15 May 1972, the applicant enlisted in the Regular Air Force at the age
of 18 in the grade of airman basic (E-1) for a period of four years.
On 9 August 1972, the applicant was absent without leave (AWOL) until 31
August 1972. He voluntarily returned to station on 1 September 1972. From
3 September 1972 to 22 February 1973, the applicant was placed in deserter
status. The applicant was picked up by civilian police and turned over to
military police on 1 March 1973. He was placed in military confinement to
await court-martial charges.
Although, the applicant’s records do not contain documentation surrounding
his court-martial or discharge processing, his DD Form 214, Armed Forces of
the United States Report of Transfer or Discharge, indicates he was
discharged effective 15 March 1973 under the provisions of AFR 39-12,
Chapter 2, Section F, Paragraph 2-78 (request for discharge for the good of
the service) with an UOTHC characterization of service. He had served 3
months, and 20 days on active duty. His time lost was 191 days.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, WV, provided a copy of an Investigation Report pertaining to
the applicant, which is at Exhibit H.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states there is no documentation in
the applicant’s master personnel records relating to the reason for
discharge or the discharge processing. The applicant did not submit any
evidence or identify any errors or injustices that occurred in the
discharge processing. The DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In response to the Air Force evaluation, the applicant submitted a personal
statement indicating he regrets the mistake he made while serving in the
military and hopes the Board will grant his request to upgrade his
discharge. Almost all of his family and his wife’s family are buried at
Jefferson Barracks Cemetery. He has made other mistakes in his life;
however, he has realized what life is all about and has tried to live a
patriotic life since. The applicant’s response is at Exhibit E.
On 22 June 2005, the applicant was given the opportunity to submit comments
about his post service activities. He responds that he is a working member
of the community and was ordained a minister in November 1995. He
currently works for a home builder and is a Sunday School Instructor. A
letter of support was also submitted in his behalf. His response, with
attachment, is at Exhibit G.
The FBI report was forwarded to the applicant on 7 July 2005 for review and
comment (Exhibit H). As of this date, this office has received no
response.
_________________________________________________________________
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 probable error or injustice. The applicant did not provide
persuasive evidence showing the information in the discharge case was
erroneous, his substantial rights were violated, or that his commanders
abused their discretionary authority. The characterization of discharge
which was issued at the time of the applicant’s separation accurately
reflects the circumstances of his separation and we do not find the
characterization of discharge to be in error or unjust. Furthermore, in
view of the information contained in the FBI investigative report, which
indicates the applicant has not made a successful post service adjustment,
we do not find favorable consideration of his appeal based on clemency is
appropriate. Therefore, the applicant’s request is not favorably
considered.
_________________________________________________________________
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 this application in Executive
Session on 1 November 2005, under the provisions of AFI 36-2603:
Ms. Marilyn M. Thomas, Vice Chair
Mr. James W. Russell III, Member
Ms. Olga M. Crerar, Member
The following documentary evidence for AFBCMR Docket Number BC-2005-01626
was considered:
Exhibit A. DD Form 149, dated 5 Oct 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 7 Jun 05.
Exhibit D. Letter, SAF/MRBR, dated 10 Jun 05.
Exhibit E. Applicant’s Rebuttal, dated 14 Jun 05.
Exhibit F. Letter, SAF/MRBC, dated 22 Jun 05, w/atch.
Exhibit G. Applicant’s Letter, dated 27 Jun 05, w/atch.
Exhibit H. Letter, SAF/MRBC, dated 7 Jul 05, w/atch FBI
Report #58064J11, dated 27 Jun 05.
MARILYN M. THOMAS
Vice Chair
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