RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01005
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was reduced in grade for personal differences rather than military
reasons.
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 9 May 1966 in the grade of
airman basic. He was progressively promoted to the grade of airman first
class having assumed that grade effective and with a date of rank of 19
October 1967.
On 5 March 1969, the 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, paragraph 2-15a. The specific reasons for this action were
as follows:
1. On 19 July 1968, the applicant failed to report to duty at the
time prescribed. For this infraction he received a Letter of Reprimand
(LOR).
2. On 14, 15, 16, and 19 August 1968, the applicant failed to report
to duty at the time prescribed in violation of Article 86, UCMJ. For these
infractions he received Article 15 punishment. His punishment consisted of
reduction in grade to airman (suspended) and 30 days correctional custody.
3. On 29 and 30 December 1968, the applicant failed to report to duty
at the time prescribed in violation of Article 86, UCMJ. For these
infractions he received Article 15 punishment. His punishment consisted of
vacation of the previously suspended reduction to the grade of airman and
30 days correctional custody (suspended).
4. On 19 and 22 January 1969, the applicant was derelict in the
performance of his duties and disorderly in station, in violation of
Articles 92 and 134, UCMJ. For these infractions he received Article 15
punishment. His punishment consisted of vacation of the previously
suspended 30 days of correctional custody and reduction to the grade of
airman basic.
He was advised of his rights in this matter and acknowledged receipt of the
notification on that same date. After consulting with counsel, the
applicant waived his right to a hearing before an administrative discharge
board and elected not to submit statements on his own behalf.
On 20 April 1969, the applicant was discharged in the grade of airman basic
with a general (under honorable conditions) discharge. He served 2 years,
11 months and 12 days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI),
Clarksburg, West Virginia, provided an arrest record which is at Exhibit C.
On 13 June 2008, a request for information pertaining to his post-service
activities was forwarded to the applicant for review and response within
30 days (Exhibit D). The applicant provided a response which is at Exhibit
E.
On 10 July 2008, a copy of the FBI Report of Investigation was forwarded to
the applicant for review and response within 30 days (Exhibit F). 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 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-2008-
01005 in Executive Session on 5 November 2008, under the provisions of AFI
36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Garry G. Sauner, Member
Mrs. Lea Gallogly, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 March 2008, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, SAF/MRBC, dated 13 June 2008.
Exhibit E. Letter, Applicant, dated 23 June 2008.
Exhibit F. Letter, SAF/MRBC, dated 10 July 2008.
CHARLENE M. BRADLEY
Panel Chair
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