RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01677
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge be upgraded
to general(under honorable conditions).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was one week from discharge (separation). He was discharged
following his conviction as an accessory to robbery. He was
18 years old at the time and unarmed. He had never been in
trouble up until that point and has not been in trouble with the
law since. He has gone to college for three years in pursuit of
his marketing degree. He served honorably until that incident
and requests his discharge be upgraded so that he may pursue his
VA benefits.
In support of his request, the applicant provides a copy of his
DD Form 214, Report of Separation from Active Duty.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 7 August
1974. On 8 October 1976, an AF Form 2098, Duty Status Change,
noted the applicant was indicted and entered a plea of guilty to
one count of armed robbery. He was committed to the Department
of Corrections in Columbia South Carolina for a period not to
exceed 6 years.
On 21 December 1976, the applicant was involuntarily discharged
under the provisions of AFM 39-12, Separation for Unsuitability,
Unfitness, Misconduct, Resignation, or Request for Discharge for
the Good of the Service and Procedures for the Rehabilitation
Program for misconduct, civil court disposition waiver of
board hearing. He was ineligible for reenlistment and his
service was characterized as under other than honorable
conditions. He was credited with serving 2 years 2 months and
1 day of active duty service.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, West Virginia provided a copy of an
investigation report (Exhibit C).
On 20 October 2011, the FBI investigation and a request for
post-service information were forwarded to the applicant for
response within 30 days. As of this date, no response has been
received by this office (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 during the discharge process. 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, or unduly harsh. We
considered upgrading the discharge based on clemency; however,
there was no evidence submitted 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 AFBCMR Docket
Number BC-2011-01677 in Executive Session on 8 December 2011,
under the provisions of AFI 36-2603:
Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Mar 11.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report
Exhibit D. Letter, SAF/MRBC, dated 20 Oct 11.
Chair
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