RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03420
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 12 MAY 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
As a child he knew he wanted to join the Air Force and give his country
everything he could offer. Two weeks into his training, he received word
that his mother had passed away tragically in a boating accident. The
death of his mother traumatized him so much that he did not care about
anything or anyone. While stationed at Wheeler AFB, HI, he got into
trouble and his career ended before it started. He knows that he would
have been a tremendous asset to the Air Force. His sister retired from the
Air Force and his brother is a captain in the Army. He feels ashamed that
he could not finish what he started back in 1984. He takes full
responsibility for his actions and would like for one day to be looked upon
as a proud citizen who served his country in the United States Air Force.
Applicant provides no supporting documentation. The applicant’s submission
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 7 June 1984, the applicant enlisted in the Regular Air Force in the
grade of airman basic (E-1) for a period of four years. He was
progressively promoted to the grade of airman first class (E-3) effective
and with a date of rank of 7 August 1985.
On 6 August 1987, court-martial charges were preferred against the
applicant for five specifications of failure to go in violation of Article
86 of the UCMJ, one specification of larceny in violation of Article 121 of
the UCMJ, two specifications of disobeying a lawful order in violation of
Article 90 of the UCMJ, one specification of dereliction of duty in
violation of Article 92, and 11 specifications of writing bad checks in
violation of Article 123a of the UCMJ.
On 14 August 1987, after consulting counsel, the applicant requested he be
discharged in lieu of trial by court-martial and indicated he understood
that if the request was approved, he could be discharged under other than
honorable conditions. On 1 September 1987, the applicant’s commander
accepted his request and initiated discharge proceedings against him. On
11 September 1987, the discharge authority approved the recommended
separation and directed the applicant be discharged from the Air Force with
service characterized as under other than honorable conditions.
On 24 September 1987, the applicant was discharged with an under other than
honorable conditions discharge. He had served 3 years, 3 months and 18
days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI),
Clarksburg, WV, indicated that on the basis of the data furnished, they
were unable to locate an arrest record.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends the application be denied. DPPRS states that based
upon the documentation in the file, the discharge was consistent with the
procedural and substantive requirements of the discharge regulation. The
DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 2 December 2005, a copy of the Air Force evaluation was sent to the
applicant for review and response. On 5 January 2006, a letter was
forwarded to applicant suggesting that he consider providing evidence
pertaining to his post-service activities. As of this date, this office
has not received a response to any of the foregoing correspondence (Exhibit
D).
_________________________________________________________________
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. After careful consideration of the
applicant’s request and the available evidence of record, we see no
evidence that would warrant an upgrade of his characterization of service.
Other than his own assertions, the applicant has provided no evidence which
would lead us to believe that the information in his discharge case file is
erroneous, that his substantial rights were violated, or that his
commanders abused their discretionary authority. However, should the
applicant provide evidence pertaining to his post service activities,
testimonials of friends and responsible citizens who know him, he may, of
course, submit a request for clemency at a later time.
_________________________________________________________________
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 21 February 2006, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Glenda H. Scheiner, Member
Mr. Patrick C. Daugherty, Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2005-03420:
Exhibit A. DD Form 149, dated 2 Nov 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 29 Nov 05.
Exhibit D. Letter, SAF/MRBR, dated 2 Dec 05.
RICHARD A. PETERSON
Panel Chair
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