RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01015
INDEX CODE: 106.00
XXXXXXX COUNSEL: None
HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 5 Oct 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 1970 under other than honorable conditions (UOTHC) (formerly
undesirable) discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The records are unjust. He was told by his military attorney that he
would receive a better discharge. This injustice has hindered him in
all aspects of his life.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force for a period of four
years on 16 May 69.
According to Special Court-Martial Order No. 2, dated 30 Jan 70, the
applicant was convicted by special court-martial (SCM) for the
following: Unlawfully striking a fellow airman on the forehead with
his fist on 5 Dec 69; failing to go to his appointed place of duty on
6 Dec 69 and on 22 and 23 Dec 69. He was sentenced to forfeiture of
$82.00 per month for two months, confinement at hard labor for two
months, and reduction from airman to airman basic.
Psychiatric evaluation on 25 Mar 70 found the applicant was free of
mental defect or derangement, and had the mental capacity to
understand the nature and probable consequence of all of his acts. He
was found to have intact judgment and insight as well as the
capability to distinguish between right and wrong.
On 27 Mar 70, court-martial charges were preferred against the
applicant for the following: Without authority, failing to go to his
appointed place of duty at the time prescribed for the period 17-
21 Mar 70; and failing to obey a direct order from a commissioned
officer on 25 and 26 Mar 70.
On 28 Mar 70, after being advised of his rights and privileges, the
applicant requested to be discharged for the good of the service. He
understood that if his request was approved he could receive an
undesirable discharge. He submitted statements in his behalf.
On 30 Mar 70, the applicant’s military counsel requested a psychiatric
examination to determine whether or not the applicant suffered from a
character-behavior disorder. The applicant was evaluated on 6 Apr 70
and diagnosed with a character and behavior disorder, namely passive-
aggressive personality, of several years’ duration. The diagnosis did
not qualify for action under existing medical regulation. The
applicant provided an affidavit on 6 Apr 70 in mitigation and
extenuation concerning the charges against him.
On 7 Apr 70, the applicant’s commander recommended the applicant’s
request for discharge in lieu of trial by special court-martial be
accepted and the applicant be separated with an undesirable discharge
for character and behavior disorder, without probation and
rehabilitation (P&R). The case was found legally sufficient and, on
8 Apr 70, the discharge authority approved separation with an
undesirable discharge.
The applicant was separated in the grade of airman basic on 14 Apr 70,
with UOTHC (formerly undesirable) discharge, after 9 months and 10
days of active service.
On 11 Jul 77, the Air Force Discharge Review Board (AFDRB) denied the
applicant’s request to upgrade his UOTHC discharge.
Pursuant to the Board's request, the Federal Bureau of Investigation
(FBI), Washington, D.C., provided an investigative report, which is
attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends the application be denied. Based on the
master personnel records, the discharge was consistent with the
procedural and substantive requirements of the discharge regulation
and was within the discharge authority’s discretion.
A complete copy of the HQ AFPC/DPPRS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 5 May 06 for review and comment within 30 days (Exhibit
E). As of this date, this office has received no response.
A complete copy of the FBI Report was forwarded to the applicant on 31
May 06 for review and comment within 14 days (Exhibit F). 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 to warrant upgrading the
applicant’s UOTHC discharge. After being advised of his rights and
privileges, the applicant requested discharge in lieu of a special
court-martial and indicated his understanding he could receive an
undesirable discharge. He had the mental capacity to understand the
nature and probable consequence of his acts yet continued his
misbehavior. The applicant has provided no persuasive evidence showing
the actions taken against him were based on factors other than his own
misconduct or that his discharge was unjust, improper, or contrary to
the provisions of the governing regulations in effect at the time.
Further, the contents of the FBI Report reveal his misconduct
continued after his discharge. Therefore, we find no basis in error,
injustice, or clemency on which 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 this application in
Executive Session on 22 August 2006 under the provisions of AFI 36-
2603:
Mr. Robert H. Altman, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Ms. Karen A. Holloman, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2006-01015 was considered:
Exhibit A. DD Form 149, dated 11 Apr 06, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 19 Apr 06.
Exhibit E. Letter, SAF/MRBR, dated 5 May 06.
Exhibit F. Letter, SAF/MRBC, dated 31 May 06.
ROBERT H. ALTMAN
Panel Chair
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