RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01283
INDEX CODE: 110.00
------------ COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
general (under honorable conditions).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was convicted and sentenced to 25 years in prison for breaking and
entering as a result of unfair treatment by a southern judicial system.
In support of his appeal the applicant provides a statement from his
representative, and documents related to his appeal.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 1 Mar 71, for a period
of four years.
On 18 Feb 76, he was notified of his commander's intent to recommend him
for an undesirable discharge for Misconduct because of a civil court
disposition.
The commander stated the following reasons for the proposed discharge:
a. Article 15, on 8 Jun 73, for failure to go.
b. Article 15, on 9 Apr 74, for stealing from the Base Exchange.
c. Letter of Reprimand, on 11 Mar 75, for having females in the
dormitory.
d. Civil Court Conviction, on 10 Oct 75, for burglary and sentenced
to 25 years of hard labor.
He was advised of his rights in this matter. He consulted with counsel
and elected to exercise his right to a hearing before an administrative
discharge board and submitted statements in his own behalf.
On 21 May 76, the applicant was notified of an administrative discharge
board hearing. On 7 Jun 76, the board convened and recommended he be
discharged from the service for misconduct because of a civil court
disposition, with an undesirable discharge.
A legal review was conducted on 23 Jun 76, in which the staff judge
advocate recommended that he be separated with an undesirable discharge
characterization without probation and rehabilitation.
The discharge authority approved the discharge and on 8 Jul 76 the
applicant was discharged in the grade of sergeant for misconduct, under the
provisions of AFR 39-12. He was given a UOTHC discharge characterization.
He served a total of five years, four months, and three days of active
service.
On 3 Aug 09, a request for post-service information was forwarded to the
applicant for response within 30 days (Exhibit C).
On 17 Aug 09, the applicant provided a statement from his representative,
and three character reference letters (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. The Board finds no impropriety in the
characterization of applicant's discharge. It appears that responsible
officials applied appropriate standards in effecting the separation, and do
not find persuasive evidence that pertinent regulations were violated or
the applicant was not afforded all the rights to which entitled at the time
of discharge. The applicant has not shown the characterization of the
discharge was contrary to the
provisions of the governing regulation, nor has it been shown the nature of
the discharge was unduly harsh or disproportionate to the offenses
committed. Under our broader mandate and after careful consideration of
all the facts and circumstances of applicant's case, the majority of the
Board is persuaded that he has been a productive member of society since
leaving the service. In view of this, the majority of the Board believes
it would be an injustice for him to continue to suffer the adverse effects
of the discharge he received over 23 years ago. Therefore, the majority of
the Board believes an upgrade of the characterization of his service to
general (under honorable conditions) is warranted on the basis of clemency.
Accordingly, the majority of the Board recommends that his records be
corrected to the extent indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that on 8 Jul 76, he was discharged with
service characterized as general (under honorable conditions).
_______________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2009-
01283 in Executive Session on 28 Oct 09, under the provisions of AFI 36-
2603:
Mr. ----------, Panel Chair
Mr. ----------, Member
Ms. ----------, Member
By a majority vote, the Board voted to correct the record as recommended.
Ms. Cohen voted to deny the applicant’s appeal, but elected not to submit a
minority report. The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR dated, 3 Aug 09, w/atch.
Exhibit D. Letter, Applicant, dated, 17 Aug 09, w/atchs.
---------------
Panel Chair
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