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. 

 

Applicant’s 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 applicant’s 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 Board’s 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