RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02831
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
a general (under honorable conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served two years of service during Vietnam.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 27 July 1966, applicant enlisted in the Regular Air Force in the grade
of airman basic. He served as an Aircraft Mechanic.
On or about 6 April 1968, applicant was absent without leave (AWOL) from
his organization until 10 April 1968. He received nonjudicial punishment
under Article 15 of the Uniform Code of Military Justice (UCMJ).
On 22 May 1968, applicant was reported AWOL from his organization. On 20
June 1968 he was dropped from rolls as a deserter. He subsequently turned
himself into the civilian authorities on 22 August 1968.
On 5 September 1968, applicant submitted a request for discharge under AFM
39-12, paragraph 2-78, Request for Discharge for the Good of the Service.
On 18 October 1968, applicant was discharged with an UOTHC discharge. He
served 1 year, 11 months, and 15 days on active duty.
On 20 March 1969, the Air Force Discharge Review Board (AFDRB) considered
and denied the applicant’s request that his UOTHC discharge be upgraded
(Exhibit B).
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI)
provided a copy of an Investigative Report, which is at Exhibit C.
On 23 October 2007, the applicant was provided the opportunity to respond
to the Investigative Report and to provide documentation pertaining to his
post-service activities, within 30 days (Exhibit D). Applicant provided a
response which is at Exhibit E.
_________________________________________________________________
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 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-
02831 in Executive Session on 18 December 2007, under the provisions of AFI
36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Anthony P. Reardon, Member
Ms. Marcia Jane Bachman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 August 2007.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, SAF/MRBC, dated 23 October 2007.
Exhibit E. Letter, Applicant, undated.
MICHAEL J. NOVEL
Panel Chair
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