RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00910
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 29 September 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was being transferred to overseas duty and his family was
authorized to join him. While they were in transit he was told to
cancel their plans to accompany him to his duty station. He was not
willing to do that and accepted an under honorable conditions
discharge rather than leave his family.
In support of the appeal, applicant submits his DD Form 293, three
special orders, and a copy of his DD Form 214.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant contracted his initial enlistment in the Regular Air
Force on 16 Nov 56. He continued to serve on active duty, entering
his last enlistment on 6 Apr 61, when he reenlisted for a period of
five years. Prior to the events under review, he was progressively
promoted to the grade of airman first class (E-4), effective and with
a date of rank of 1 Mar 59.
On 20 May 65, the applicant’s commander notified him that he was
recommending discharge from the Air Force for unfitness. The
commander was recommending applicant receive an under honorable
conditions (general) discharge based on the following: He received 13
letters of indebtedness and two letters of non-support.
Applicant acknowledged receipt of the notification of discharge and
waived his rights to a hearing before a board of officers and to
submit statements in his own behalf.
The base legal office reviewed the case and found it legally
sufficient to support separation and recommended applicant be
discharged with an under honorable conditions (general) discharge.
The discharge authority approved the separation and directed that
applicant be discharged with an under honorable conditions (general)
discharge.
The applicant was separated from the Air Force on 19 Aug 65 under the
provisions of AFR 39-17, Discharge of Airmen Because of Unfitness
(unfitness), with an under honorable conditions (general) discharge.
He served 11 years, 8 months and 22 days on active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation
(FBI) indicated that, based on the information provided, they were
unable to locate an arrest record pertaining to the applicant (Exhibit
C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended the application be denied. DPPRS indicated
that the discharge was consistent with the procedural and substantive
requirements of the discharge regulation, and, was within the
discretion of the discharge authority. DPPRS stated the applicant
submitted no evidence, identified no errors or injustices that
occurred in the discharge processing, and provided no facts warranting
a change to his character of service.
A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 5 May 06, a copy of the Air Force evaluation was forwarded to the
applicant for review and response 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;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for the conclusion that the
applicant has not been the victim of an error or injustice. We note,
the applicant did not submit any evidence or identify any error or
injustices that occurred in the discharge processing; nor did he
provide any facts warranting a change to his character of service.
Therefore, in the absence of evidence to the contrary, we find no
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-
2006-00910 in Executive Session on 7 June 2006, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Josephine L. Davis, Member
Mr. Steven A. Cantrell, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Apr 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 19 Apr 06.
Exhibit E. Letter, SAF/MRBR, dated 5 May 06.
THOMAS S. MARKIEWICZ
Chair
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