AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00852
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His characterization of service was too severe for just receiving
two Article 15s. He was led to believe his discharge would be
upgraded automatically.
In support of his appeal, the applicant provides a copy of his DD
Form 214, Armed Forces of the United States Report of Transfer or
Discharge.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served on active duty as a Inventory Management Specialist from
30 October 1968 to 3 September 1971.
On 22 April 1971, the applicant received Article 15 punishment
for making himself absent from his organization, without
authority, on or about 16 March 1971 until on or about 14 April
1971, in violation of Article 86, Uniform Code of Military
Justice (UCMJ). His punishment consisted of reduction in grade
from sergeant (E-4) to airman first class (E-3), forfeiture of
$126.00 pay, and to serve 30 days in the Base Correctional
Custody Facility.
On 19 July 1971, the applicant submitted an application for
discharge based on being a conscientious objector.
On 6 August 1971, the applicant received Article 15 punishment
for making himself absent from his organization, without
authority, on or about 10 June 1971 until on or about 5 July
1971, in violation of Article 86, UCMJ. His punishment consisted
of reduction in grade from airman first class (E-3) to airman (E-
2) and to serve 30 days in the Base Correctional Custody
Facility.
On 10 August 1971, the applicant’s request for discharge based on
being a conscientious objector was disapproved.
_________________________________________________________________
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 in the discharge processing. 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, unduly harsh, or
disproportionate to the offenses committed. Additionally, due
to the lack of evidence of a successful post-service adjustment,
we do not find it would be in the interest of justice to upgrade
his discharge on the basis of clemency. Therefore, the
applicant’s request 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-2012-00852 in Executive Session on 2 October 2012,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
2
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2012-00852:
Exhibit A. DD Form 149, dated 27 Feb 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
3
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