RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01644
INDEX CODE: 110.02
COUNSEL: VETERANS HEALTH CARE
CENTER
HEARING DESIRED: NOT INDICATED
MANDATORY CASE COMPLETION DATE: 26 NOV 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His date of separation (DOS) be changed to September 1968 rather than 26
September 1967.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He makes no contentions.
In support of his request, the applicant provided a copy of his DD Form
214, Armed Forces of the United States Report of Transfer or Discharge.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 22 September 1966 in the
grade of airman basic. He served as an Apprentice Fuel Specialist. On 30
August 1967, applicant was notified by his commander of his intent to
recommend that he be discharged from the Air Force under the provisions of
AFM 39-12, chapter 2, section B, paragraph 2-15a for frequent involvement
of a discreditable nature with civil or military authorities. The specific
reasons for this action were as follows:
On 28 December 1966, applicant was tried by a special court-martial for
larceny of an armed forces identification card, a Tennessee operator’s
license, a selective service system registration certificate, a receipt for
a pair of trousers, and a pair of trousers in violation of Article 121,
UCMJ. He was sentenced to a reduction in grade to airman basic.
On 9 January 1967, applicant received an Article 15 for failure to repair
to his appointed place of duty, without proper authority on 3 January 1967.
His punishment consisted of 14 days in correctional custody.
On 17 July 1967, applicant received a Letter of Reprimand (LOR) for failure
to repair to his appointed place of duty without proper authority on or
about 26 June 1967, in violation of Article 86, UCMJ.
On 21 July 1967, applicant was placed on the Control Roster for misconduct.
On 9 August 1967, applicant received an Article 15 for failure to repair to
his appointed place of duty, without proper authority on 5 and 7 August
1967. His punishment consisted of 30 days in correctional custody.
He was advised of his rights in this matter and acknowledged receipt of the
notification on that same date. The applicant waived his right to consult
counsel and elected not to submit statements on his own behalf. In a legal
review of the case file, the staff judge advocate found the case legally
sufficient and recommended that he be discharged. The discharge authority
concurred with the recommendations and directed that he be discharged with
a general discharge. Applicant was discharged on 26 September 1967. He
served 1 year and 5 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states based on the documentation on
file 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.
Applicant did not submit any evidence or identify any errors or injustices
that occurred in the discharge processing. He provided no facts warranting
a change to the effective date of his separation (26 September 1967).
The DPPRS complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 June 2007, the evaluation was forwarded to the applicant for review
and comment within 30 days (Exhibit D). 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 an error or injustice. After a thorough review of the
evidence of record and the applicant’s submission, we are of the opinion
that the applicant’s DOS is correct and the applicant has not provided any
evidence which would lead us to believe otherwise. Therefore, we agree
with the office of primary responsibility and adopt its rational as the
basis for our conclusion that the applicant has not been the victim of an
error or injustice. In the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of an error or injustice; the application was denied without
a personal appearance; and 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-
01644 in Executive Session on 26 July 2007, under the provisions of AFI 36-
2603:
Ms. B J White-Olson, Panel Chair
Mr. Josephine L. Davis, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 May 07, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 5 Jun 07.
Exhibit D. Letter, SAF/MRBR, dated 15 Jun 07.
B J WHITE-OLSON
Panel Chair
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