RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02661
INDEX CODE: 110.02
COUNSEL: None
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: Mar 05, 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
honorable.
APPLICANT CONTENDS THAT:
He was going through a major divorce, ongoing for seven years, while on
active duty and was forced to leave the Service due to miscommunications.
In support of his request, applicant provided numerous post-service
certificates of appreciation, training certificates, outstanding citations
and award certificates, and a character reference letter.
The applicant's complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 29 Nov 74. A resume
of his Airman Performance Reports (APRS) follows:
Closeout Date Overall Rating
25 Oct 75 6
25 Oct 76 7
15 Apr 77 7
15 Apr 78 8
15 Aug 78 8
15 Aug 79 7
On 11 Oct 1982, the applicant submitted an application to the Air Force
Discharge Review Board (AFDRB). Due to limited documentation in the master
personnel records, facts were obtained from the AFDRB documentation.
The applicant served on active duty for a period of 5 years and 16 days.
The applicant requested discharge for the good of the service on 21 Nov 79
rather than face a court-martial. However,
court-martial charges were preferred against the applicant on 23 Nov 79
for:
a. Violation of UCMJ, Articles 121 and 107, Specifications 1 through
4, for stealing $1,360.74 and for signing false official
documents.
b. Violation of UCMJ, Article 134, for wrongfully cohabitating with a
woman not his wife.
Other misconduct included:
a. Article 15, 2 May 78, for failure to obey an order (driving on-
base with suspended driving privileges).
b. Letter of Reprimand, 30 May 79, for financial irresponsibility.
c. Letter of Reprimand and Control Roster action, 17 Jul 79, for
continued financial irresponsibility.
Additionally, the AFDRB documentation indicated the applicant’s discharge
request was accepted, as it appeared to be less costly to the Air Force
than a court-martial would have been.
The applicant was separated from the Air Force 14 Dec 79 with an under
other than honorable conditions (UOTHC) discharge 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.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., indicated that on the basis of the data furnished, they
were unable to locate an arrest record.
______________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial. Based on the documentation from the
previous review by the AFDRB and the limited documents in the master
personnel records, the discharge was consistent with the procedural and
substantive requirements of the discharge regulation. The discharge was
within the discretion of the discharge authority. The applicant did not
submit any evidence to identify any errors or injustices that occurred in
the discharge processing. He provided no facts warranting a change to his
under other than honorable conditions (UOTHC) discharge.
The HQ AFPC/DPPRS 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 13 Oct
06 for review and comment within 30 days. 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. 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 have seen no
evidence indicating that the former member was improperly discharged or
that an upgrade of his service characterization is warranted. Accordingly,
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 probable 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 Docket Number BC-2006-02661
in Executive Session on 21 Nov 06, under the provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Patricia R. Collins, Member
Ms. Teri G. Spoutz, Member
The following documentary evidence pertaining to Docket Number BC-2006-
02661 was considered:
Exhibit A. DD Form 149, dated 31 Jul 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 13 Sep 06.
Exhibit D. Letter, SAF/MRBR, dated 13 Oct 06.
MICHAEL J. NOVEL
Panel Chair
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