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AF | BCMR | CY2009 | BC-2008-02640
Original file (BC-2008-02640.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02640
            INDEX CODE:  110.00
            COUNSEL:  NO
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was 17 years old and had a discipline problem when he enlisted.  He  came
from a broken home and raised himself.  He was immature and did not  realize
the  stringent  requirements  of  military  life  and  cannot  justify   his
behavior.  When offered the opportunity to be discharged  from  service,  he
believed it was the right thing to do; however,  he  now  regrets  accepting
the UOTHC 40 years ago.  He does not blame others and feels he received  the
discharge he deserved.  He is now 63 years of age and has learned  to  honor
responsibility.  He does not want Veterans benefits but only wants peace  of
mind related to his military service and discharge.

In support of the application, he submits a DD Form 293.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 31 Mar 62  for  a  period  of
four years.  On 18 Nov 65, he was notified by  his  commander  that  he  was
recommending his discharge from  the  Air  Force  for  unfitness  under  the
provisions  of  paragraph  4a,  AFR  39-17,   with   a   General   Discharge
Certificate, DD  Form  257AF.   He  was  further  notified  that  the  final
decision in his discharge would be made by  the  Technical  Training  Center
Commander.  He waived his right to a hearing before a board of officers  and
declined to submit a statement on his own behalf.

The following is a list of the applicant’s infractions and punishment:

      1.  On 23 Jun 65, failed to repair; ordered to forfeit $30.00 a  month
for one month.

      2.  On 3 Sep 65; failed to repair; reduced to airman third class.

      3.  On 19 Oct 65, failed to repair; reduced to airman basic.

In addition to the aforementioned  violations,  the  applicant  had  several
letters of indebtedness.

His highest grade held was Airman Second Class, effective and  with  a  date
of rank of 31 Dec 62.

On 26 Nov  08,  the  Technical  Training  Center  approved  the  applicant’s
discharge  and  ordered  he  be  furnished  with  an  Undesirable  Discharge
Certificate, DD Form 258AF.  Applicant was discharged on 1 Dec 65.   He  had
served three years, eight months and one day on active duty.

In response to the Board’s request, the FBI indicated they  were  unable  to
identify with an arrest record pertaining to the applicant on the  basis  of
information furnished (Exhibit C).

On 2 Dec 08, a request for post-service information  was  forwarded  to  the
applicant for response within 30  days.   To  date,  no  response  has  been
received (Exhibit D).

_________________________________________________________________

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 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 this application in  Executive
Session on 25 February 2009, under the provisions of AFI 36-2603:

      Mr. Michael J. Maglio, Panel Chair
      Ms. Debra K. Walker, Member
      Mr. Dick Anderegg, Member

The following  documentary  evidence  was  considered  under  AFBCMR  Docket
Number BC-2008-02640:

      Exhibit A.  DD Form 149, dated 30 Jun 08, w/atch.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  FBI Report.
      Exhibit D   Letter, AFBCMR, dated 2 Dec 08.




                                  MICHAEL J. MAGLIO
                                  Panel Chair

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