RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00870
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His under honorable conditions (general) discharge be
upgraded to honorable.
2. His surname be changed to Taggart.
________________________________________________________________
APPLICANT CONTENDS THAT:
He has proven himself to be a patriotic, responsible family man
for the past 40 years. He wants his children and grandchildren
to be proud of him.
His name was legally changed in 1975. The discharge upgrade
would reflect the person he is now not 40 years ago.
In support of his application, he provided a copy of the decree
and order for his name change.
Applicants complete submission, with an attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 26 Mar 68, the applicant contracted his initial enlistment in
the Regular Air Force. He was progressively promoted to the
grade of airman on 8 May 68. He was demoted to airman basic on
26 May 70.
On 4 Aug 70, the applicants commander notified him that he was
recommending his discharge from the Air Force for unfitness due
to frequent involvement of a discreditable nature with civil or
military authorities. The specific reasons for the discharge
action were:
a. On 25 Sep 69, he received an Article 15 for failure to
repair on 9 Sep 69. For this misconduct he was ordered to
forfeit $25.00 of pay.
b. On 9 Jan 70, he received an Article 15 for failure to
repair on 29 Dec 69. For this misconduct he received a reduction
in rank to airman and forfeiture of $50.00 of pay. The grade
reduction was suspended until 9 Apr 70 unless sooner vacated.
c. The applicant was reported absent without leave (AWOL)
from 6 May through 11 May 70.
d. On 12 May 70, he received an Article 15 for failure to
obey a lawful order. For this offense, he was reduced to the
grade of airman and placed in correctional custody.
e. On 17 Jul 70, he received an Article 15 for being AWOL
from 1 Jul 70 through 15 Jul 70. He was ordered to forfeit
$88.00 and was placed in correctional custody.
His commander advised him of his rights in this matter.
On 7 Aug 70, he acknowledged receipt of the notification and
after consulting with legal counsel waived his right to a hearing
before an administrative discharge board and invoked his right to
submit a statement in his own behalf.
On 12 and 21 Aug 70, the base and command staff judge advocates
reviewed the case and found it legally sufficient for separation
and recommended he be discharged with a general discharge.
On 24 Aug 70, the discharge authority directed a general
discharge.
He was discharged on 28 Aug 70. He served two years, five months
and three days on active duty. The periods 6 May 70 - 10 May 70
and 1 Jul 70 - 14 Jul 70 were considered lost time due to AWOL.
Pursuant to the Boards request, the Federal Bureau of
investigation, Washington, D.C., indicated on the basis of the
data furnished they were unable to locate an arrest record.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSS recommends denial. DPSS states changes on prior
service personnel are allowed if the data in question was
recorded in error by the Air Force at the time of enlistment or
during the enlistment. The surname recorded in the applicant's
service record is the same surname presented for enlistment.
The AFPC/DPSS complete evaluation is at Exhibit D.
AFPC/DPSOS recommends denial. DPSOS states that based on the
documentation on file in the master personnel records, the
discharge was consistent with the procedural and substantive
requirements of the discharge manual and was within the
discretion of the discharge authority. Furthermore, the
applicant did not submit any evidence or identify any errors or
injustices during the discharge process; nor has he provided any
evidence to warrant a change in his discharge characterization.
The AFPC/DPSOS complete evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 21 Aug 09 for review and comments within 30 days.
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 an error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our
decision that the applicant has failed to sustain his burden of
proof of the existence of either an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
basis to recommend granting the relief sought in this
application.
______________________________________________________________
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-2009-00870 in Executive Session on 24 Nov 09 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Mar 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSS, dated 7 Apr 09.
Exhibit D. Letter, AFPC/DPSOS, dated 10 Aug 09.
Exhibit E. Letter, SAF/MRBR, dated 21 Aug 09.
Panel Chair
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