RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-04049
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His under other than honorable conditions (undesirable)
discharge be upgraded to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
At the time of his discharge his military attorney assured him
that after two years without any further incidents his discharge
would convert to honorable.
He has been straight since 1970. He has not had any alcohol in
over 30 years. He is a solid citizen and has a wonderful
family.
In support of his request, applicant provided his personal
statement and five character references.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 26 Jun 67, for a
period of four years in the grade of airman basic.
His commander recommended appropriate action be initiated under
the provisions of AFM 39-12 to separate him with an undesirable
discharge for a history of incidents of a discreditable nature.
The following is the basis of the commanders recommendation:
a. Applicant received an Article 15 for being drunk on
station on or about (o/a) 25 Mar 68.
b. Applicant received an Article 15 for failure to go to
his appointed place of duty o/a 2 Jul 68.
c. Applicant received a Summary court-martial for having a
female guest in his barracks room o/a 31 Jul 68.
d. Applicant received an Article 15 for using provoking
words towards another airman o/a 22 Feb 69.
e. Applicant received an Article 15 for being disorderly
on station o/a 13 May 69.
f. Applicant was pending a Special court-martial at the
time of his discharge for reckless driving, wrongful
appropriation of a vehicle, and failure to go.
On 27 May 69, after consulting with counsel, applicant requested
discharge for the good of the service and acknowledged that if
his request for discharge was approved, he could receive an
undesirable discharge.
The discharge authority approved applicants request and he was
discharged on 7 Jul 69, in the grade of airman basic, under the
provisions of AFM 39-12, by reason of request for discharge for
the good of the service, with service characterized as under
other than honorable conditions (undesirable). He served on
active duty for a period of 2 years and 12 days.
Pursuant to the Boards request on 23 Jan 08, the Federal Bureau
of Investigation, Clarksburg, West Virginia, indicated on 25 Jan
08, that, on the basis of data furnished, they are unable to
locate an arrest record (Exhibit C).
________________________________________________________________
_
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 find no evidence of an error or injustice
that occurred in the discharge processing. Based on the
available evidence of record, it appears the discharge was
consistent with the substantive requirements of the discharge
regulation and within the commander's discretionary authority.
The applicant has provided no evidence which would lead us to
believe the characterization of the service was contrary to the
provisions of the governing regulation, unduly harsh, or
disproportionate to the offenses committed. We considered
upgrading the discharge based on clemency; however, we do not
find the evidence presented is sufficient to compel us to
recommend granting the relief sought on that basis. Therefore,
in the absence of evidence to the contrary, we find no basis
upon which to recommend granting the relief sought.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
_
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 Docket Number
BC-2007-04049 in Executive Session on 28 February 2008, under
the provisions of AFI 36-2603:
XXXXXXXXXXXX, Panel Chair
XXXXXXXXXXXX, Member
XXXXXXXXXXXX, Member
The following documentary evidence pertaining to Docket Number
BC-2007-04049 was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Negative Reply, dated 25 Jan 08.
XXXXXXXXXXXXXXX
Panel Chair
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