RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02825
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His official records be corrected to show:
1. His General (Under Honorable Conditions) discharge be
upgraded to Honorable.
2. His date of birth, as reflected on his DD Form 214,
Certificate of Release or Discharge from Active Duty, be
corrected (to be administratively resolved).
________________________________________________________________
APPLICANT CONTENDS THAT:
There is really no injustice in his separation, but his
character has changed since his separation from the Air Force.
While in the Air Force, he was Absent Without Leave (AWOL) for a
total of 38 days due to family problems which he was not able to
discuss at the time. His parents were both alcoholics and while
AWOL he was getting them out of confinement or taking care of
his three younger sisters. He was afraid social services would
put them in foster care and he would not see them again. He has
been married for 37 years, raised two children who completed
college, completed his Associates Degree, and is a Deacon in his
church. He is hoping his character is worthy of his discharge
being upgraded to Honorable.
His DD Form 214 reflects an incorrect birth year of 1951, while
he was actually born in 1952.
In support of his appeal, the applicant provides an expanded
statement and copies of his birth certificate, Discharge
Certificate, DD Form 214, and college transcripts.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on the information in the applicants official military
records he enlisted in the Air Force on 12 Oct 71.
On 21 Feb 74, the applicants commander notified him of his
intent to recommend him for a General discharge from the Air
Force for apathy, defective attitude, and inability to expend
efforts constructively. The reason for the action was
repeatedly being absent from the organization without authority,
for which he received three Article 15s (Nonjudicial Punishment)
in an 18 month period.
On 1 Mar 74, the case was found to be legally sufficient and the
discharge authority concurred with the commanders
recommendation and ordered the applicants discharge on 4 Mar
74. On 8 Mar 74, he was furnished a General (Under Honorable
Conditions) discharge and was credited with serving 2 years, 4
months, and 27 days of active service.
On 14 Nov 11, AFPC/DPSOY notified the applicant of their
determination that his date of birth, as reflected on his DD
Form 214, was incorrect and of their action to correct this
records administratively.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
On 8 Feb 12, a copy of the FBI Investigative Report and a
request for post-service information was forwarded to the
applicant for review and commend 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 applicants complete submission in judging the merits of
the case; however, we do not find the documentation presented
sufficient to conclude the applicant has been the victim of an
error or injustice. The applicant concedes that his General
(Under Honorable Conditions) discharge did not constitute an
error or injustice. We considered upgrading his discharge on
the basis of clemency; however, other than his own assertions
regarding his accomplishments since leaving the service, he has
provided no documentary evidence for us to consider in
determining whether his post-service accomplishments were
sufficient to overcome the misconduct that formed the basis of
his discharge. Therefore, in the absence of evidence to the
contrary, we conclude that no basis exists for us to recommend
granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2011-02825 in Executive Session on 13 March 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Jul 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, SAF/MRBR, dated 8 Feb 2012.
Panel Chair
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