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AF | BCMR | CY2007 | BC-2007-01101
Original file (BC-2007-01101.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01101
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions discharged  be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was only one or two days from the date his  suspension  would  have
been over.  He didn’t hire a military attorney.  He was young at  that
age and was still on duty during the Vietnam War.  He is ill and dying
and feels he has matured 32 years later.

In support of his appeal, the applicant has provided a copy  of  a  DD
Form 293, Application for the  Review  of  Discharge  From  the  Armed
Forces of the United States.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 1 June  1972.   He  was
progressively promoted to the grade of Airman First Class with a  date
of rank (DOR) of 14 March 1973.  On 28 March 1974,  he  was  given  an
Article 15 for being Absent Without  Leave  (AWOL)  from  14-18  March
1974.  He was demoted to the grade of airman, sentence suspended until
15 May 1974.  The suspension was vacated on  24  April  1974  for  his
failure to repair on 5, 8 and 9 April 1974 and he was demoted  to  the
grade of airman with a DOR of 24 April 1974.  On 24 September 1974, as
a result of a Special Court Martial proceeding, he  was  charged  with
wrongfully being  in  possession  of  627  grams,  more  or  less,  of
marijuana on 24 May 1974.  He changed his not guilty  plea  to  guilty
and was sentenced to a Bad Conduct Discharge  (BCD),  confined  for  5
months from 30 July 1974 to 4 December 1974, forfeited $100 per  month
for 5 months and reduced to airman basic.  The BCD was suspended until
4 June 1974.  He was discharged on 30 May 1975 after having  served  2
years, 7 months, and 17 days.

_________________________________________________________________

AIR FORCE EVALUATION:

None.  The applicant  has  not  shown  the  characterization  of  his
discharge was contrary to the provisions of AFR 39-10.   Nor  has  he
shown  the  nature   of   the   discharge   was   unduly   harsh   or
disproportionate to the offenses committed.    At  the  time  of  the
applicant’s discharge, the issuance of an  undesirable,  general,  or
honorable discharge was outlined  in  paragraph  9,  AFR  39-10  (See
Exhibit C).   Notwithstanding the absence of error or injustice,  the
Board has the prerogative to grant relief on the basis of clemency if
so inclined.

Attached at Exhibit D is a  memorandum  prepared  by  the  Air  Force
Review  Boards  Agency  Legal  Advisor  addressing   the   issue   of
characterization of service and  how  standards  have  changed  since
1959.

_________________________________________________________________

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.    We find no impropriety in the characterization of  applicant's
discharge.   It   appears   that   responsible   officials   applied
appropriate standards in effecting the separation,  and  we  do  not
find persuasive evidence that pertinent regulations were violated or
that applicant was not afforded all the rights to which entitled  at
the time of discharge.  We conclude, therefore, that  the  discharge
proceedings were proper and characterization of  the  discharge  was
appropriate to the existing circumstances.

4.    We also find insufficient evidence to warrant a recommendation
that the discharge be upgraded on the basis of  clemency.   We  have
considered applicant's overall quality of service, the events  which
precipitated the discharge, and available evidence related to  post-
service activities and accomplishments.  Based on  the  evidence  of
record, we cannot conclude that clemency  is  warranted.   Applicant
has not provided sufficient information of  post-service  activities
and accomplishments for us to conclude that applicant  has  overcome
the behavioral traits which caused the discharge.  Should  applicant
provide  statements  from  community   leaders   and   acquaintances
attesting to applicant's good character  and  reputation  and  other
evidence of successful post-service rehabilitation, this Board  will
reconsider this case based on the new evidence.  We cannot, however,
recommend approval based on the current evidence of record.

_________________________________________________________________

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-
2007-01101  in  Executive  Session  on  16  August  2007,  under   the
provisions of AFI 36-2603:

      Ms. B.J. White-Olson, Panel Chair
      Mr. Vance E. Lineberger, Member
      Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 May 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Excerpt, AFR 39-10.
    Exhibit D.  Memo, AFBCMR Legal Advisor, dated 17 Apr 07.




                                   B. J. WHITE-OLSON
                                   Panel Chair

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