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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