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AF | BCMR | CY2007 | BC-2007-02594
Original file (BC-2007-02594.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02594
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 FEB 09

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and immature during the contested time period.  His mother  was
extremely ill and he needed to be home to take care of  her.  Unfortunately,
she later died.  He believes that if this incident happened today,  the  Air
Force would understand and would allow him to finish his tour of duty.

In support of his request, the applicant provided a personal  statement  and
character references.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  8  September  1969  in  the
grade of airman basic.  He served as a Refrigeration  and  Air  Conditioning
Specialist.

On 29 June 1972, applicant was tried  by  special  court-martial  for  being
absent from his organization from 25 February 1972 until 18 June  1972.   He
was found guilty and sentenced to hard labor for five months,  a  forfeiture
of $191.00 per month for five months and a reduction in  grade  from  airman
first  class  to  airman  basic.   After  serving  37  days  confinement,  a
recommendation was made and approved  that  the  remaining  portion  of  the
confinement sentence be suspended.
On 7  December  1972,  applicant  was  absent  without  authority  from  his
organization until 9 January 1973.

On 24 January 1973, applicant submitted a request for  discharge  under  AFM
39-12, section F, paragraph 2-78, Request for Discharge for the Good of  the
Service.

In a legal review of the case file, the staff judge advocate found the  case
legally  sufficient.    The   discharge   authority   concurred   with   the
recommendations  and  directed  applicant  be  discharged.   Applicant   was
discharged on 9 March 1973.  He served 3 years,  1  month  and  25  days  on
active duty.

Applicant’s DD Form 214, Armed Forces of the  U.S.  Report  of  Transfer  or
Discharge, reflects numerous periods of time lost.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, were unable to identify with an arrest record  on
the basis of information furnished 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 an 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.

_________________________________________________________________




THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an 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-
02594 in Executive Session on 30 October 2007, under the provisions  of  AFI
36-2603:

                 Mr. Jay H. Jordan, Panel Chair
                 Mr. Garry G. Sauner, Member
                 Mr. Joseph D. Yount, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 31 July 2007.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Negative Federal Bureau of Investigation Report.




                 JAY H. JORDAN
                 Panel Chair

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