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AF | BCMR | CY2005 | BC-2005-01626
Original file (BC-2005-01626.DOC) Auto-classification: Denied

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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