RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02445
INDEX CODE: 110.02
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 6 FEB 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (undesirable) discharge be
upgraded to general (under honorable conditions).
_________________________________________________________________
APPLICANT CONTENDS THAT:
A few years after his discharge, he received a letter changing it to
“under honorable conditions.” He does not have a copy of the letter.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 30 January 1968 for a
period of four years. He was progressively promoted to the grade of
airman with an effective date and date of rank of 14 March 1968.
Applicant’s commander notified the applicant on 10 March 1969 that he
was recommending discharge from the Air Force for frequent involvement
of a discreditable nature with military authorities. The commander was
recommending applicant receive an under other than honorable
conditions (undesirable) discharge based on the following:
(1) On 19 September 1968, applicant received a Letter of
Reprimand for failure to repair.
(2) On 28 October 1968, applicant received an Article 15 for
willfully damaging military property and failure to repair.
(3) On 23 December 1968, applicant received a Letter of
Reprimand for failure to repair.
(4) On 17 January 1969, applicant received an Article 15 for
being absent without leave (AWOL).
(5) On 29 January 1969, applicant received an Article 15 for
disobeying a lawful order and for being AWOL.
Applicant acknowledged receipt of the notification of discharge and
after consulting with legal counsel waived his right to a hearing
before an administrative discharge board. The discharge authority
approved the separation and directed the applicant be discharged with
an under other than honorable conditions (undesirable) discharge.
Applicant was separated from the Air Force on 22 April 1969 under the
provisions of AFM 39-12, Separation for Unsuitability, Misconduct,
Resignation, or Request for Discharge for the Good of the Service and
Procedures for the Rehabilitation Program (unfitness-frequent
involvement in incidents of a discreditable nature with civilian or
military authorities), with an under other than honorable conditions
(undesirable) discharge. He had served on active duty for a period of
1 year, 1 month and 29 days.
On 8 August 1969, applicant submitted an application to the Air Force
Discharge Review Board (AFDRB) requesting his under other than
honorable conditions (undesirable) discharge be upgraded to a general
(under honorable conditions) discharge. The AFDRB carefully reviewed
and considered all the facts of record and concluded that a change in
the type or nature of applicant’s discharge was not warranted.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial and stated that based on the
documentation on file in the master personnel records, the discharge
was consistent with the procedural and substantive requirements of the
discharge regulation. This discharge was within the discretion of the
discharge authority. Applicant did not submit any evidence or
identify any errors or injustices that occurred in the discharge
processing. He provided no facts warranting a change to his character
of service.
AFPC/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
19 August 2005 for review and comment within 30 days. As of this
date, there has been no response 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 an error or injustice. After careful consideration
of the available evidence, we found no indication that the actions
taken to affect his discharge were improper or contrary to the
provisions of the governing regulations in effect at the time. In
addition, in view of the fact the applicant has failed to provide
documentation pertaining to his post service activities, we are not
persuaded that the characterization of the applicant’s discharge
warrants an upgrade to general on the basis of clemency. Having found
no error or injustice with regard to the actions that occurred while
the applicant was a military member, we conclude that no basis exists
to grant favorable action on his request.
________________________________________________________________
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-
2005-02445 in Executive Session on 13 October 2005, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Dorothy Loeb, Member
Ms. Jan Mulligan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, 29 Jul 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 19 Aug 05.
Exhibit D. Letter, SAF/MRBR, dated 15 Aug 05.
THOMAS S. MARKIEWICZ
Chair
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