RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01680
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for missing 3 days of work. He was in jail
for speeding and does not feel that was a valid reason for his
discharge from the service. He did not realize that he could
have enlisted into another branch of the service.
In support of his request, the applicant provides copies of his
Master Personnel Record.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 21 November
1972. Under the provisions of Air Force Manual 39-12,
Separation for Unsuitability, Misconduct, Resignation, or
Request for Discharge for the Good of the Service and Procedures
for the Rehabilitation Program, he was involuntarily separated
on 21 August 1974 for unfitness, frequent involvement of a
discreditable nature with civil or military authorities. He was
credited with serving 1 year, 9 months and 1 day of active duty
service. He received an under other than honorable discharge.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, West Virginia provided a copy of an
investigation report (Exhibit C).
The applicant submitted several letters in support of his
request. The letters attest to the applicants support for
military funerals and welcome home events for troops returning
from overseas combat missions.
The applicants complete response, with attachments, is at
Exhibit E.
________________________________________________________________
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. After careful
consideration of the applicants request and the available
evidence of record, we see no evidence warranting a change of
the applicants discharge characterization. The applicant has
provided no evidence, which would lead us to believe the
characterization of service was contrary to the provisions of
the governing regulation, or unduly harsh. We considered
upgrading the discharge based on clemency; however, based on the
evidence submitted, we were not compelled to recommend granting
the relief on that basis. Therefore, in the absence of evidence
to the contrary, we find no basis to recommend granting the
relief sought in this application.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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-2011-01680 in Executive Session on 4 January 2012,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Mar 11, w/ atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report
Exhibit D. Letter, AFBCMR, dated 15 Aug 11.
Exhibit E. Applicants Response, dated
Panel Chair
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