RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00056
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be changed to general.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His commander was against him participating in the National Association for the Advancement of Colored People (NAACP). He is now the chairman of the Martin Luther King (MLK) Steering Committee for Lexington, NC.
In support of his request, applicant provides a copy of DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States, a copy of volunteer oath certificate, copies of character references, and a copy of his community college transcript.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 April 1969, the applicant was recommended by his commander for discharge from the Air Force under the provisions of paragraph 2-15d, AFM 39-12. The specific reason for this action was due to the applicants lackadaisical and evasive characteristics which contributed to his pattern of shirking his duties. Additional contributing factors were for being disrespectful and disobeying a lawful order on more than one occasion; failing to report for duty on more than one occasion, failing to progress, and for being placed on the control roster. The applicant received three Article 15s and was demoted to the grade of airman basic (E-1) for his actions. After a legal review of the case file, the staff judge advocate found the case legally sufficient. On 13 May 1969, the applicant was discharged with a UOTHC discharge. He served 1 year, 9 months, and 16 days on active duty.
Pursuant to the Boards request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. On 22 July 2009, a copy of the FBI report and a request for information pertaining to his post-service activities were forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office.
_________________________________________________________________
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 his service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. In addition, in view of the contents of the FBI Identification Record, we are not persuaded that the characterization of the applicants discharge warrants an upgrade on the basis of clemency. Having found no error or injustice with the regard to the actions that occurred while he was a military member, we find that no basis exists to grant favorable action on his request.
4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-2009-00056 in Executive Session on 25 August 2009, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 June 2009, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, 11 October 2003.
Exhibit D. Letter, AFBCMR, dated 22 July 2009, w/atchs.
Panel Chair
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