RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00504
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes it was unjust for him to be given a general (under
honorable conditions) discharge.
He served our country honorably for over six years and feels
that an honorable discharge is justified and deserved.
Following his discharge from active duty, he joined the Oregon
Army National Guard and served honorably for an additional year.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 23 Apr 68. He is
credited with a total of seven years, one month and four days of
active duty service.
Available records reflect that on 4 Aug 69, the applicant
received an Article 15, Record of Nonjudicial Punishment, for
being disorderly on station. He received a suspended reduction
in grade to airman.
On 8 May 70, he received an Article 15 for unlawfully providing
alcoholic beverages to minors. He received a suspended
reduction to airman, an ordered forfeiture of $34, and ordered
to perform 14 days of extra duty.
On 28 Sep 72, he received an Article 15 for failure to go to his
appointed place of duty at the prescribed time. He received a
suspended reduction in grade to airman first class, forfeiture
of $75, and 30 days of base restriction.
On 1 May 74, he received an Article 15 for being absent without
leave (AWOL) from 16 Apr 74 to 22 Apr 74. He received a
reduction in grade to airman first class and forfeiture of pay
for $175 for two months.
On 13 May 74, the applicants commander notified him of pending
discharge action. Specifically, the commander cited the
applicants apathetic and defective attitude and performance as
the basis for discharge. The applicant acknowledged receipt on
15 May 74 and elected not to consult counsel or submit
statements in his own behalf.
On 22 May 74, the acting staff judge advocate found the
discharge legally sufficient. On 4 Jun 74, the discharge
authority directed discharge. He was discharged on 14 Jun 74
with a general (under honorable conditions) discharge.
Pursuant to the Boards request, the Federal Bureau of
Investigations provided an investigative report which is at
Exhibit C. A copy of the report and a request for post-service
information were forwarded to the applicant on 30 Apr 10 for
review and comment within 30 days (Exhibit D). As of this date,
this office has not received a 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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we note the applicant has not shown an error
or injustice occurred in the processing of his discharge.
Further, we are not inclined to grant clemency based on the FBI
report and a lack of post-service information. 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 Docket Number
BC-2010-00504 in Executive Session on 13 July 2010, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Feb 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 30 Apr 10, w/atch.
Panel Chair
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