RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-03436

		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His General (Under Honorable Conditions) discharge be upgraded 
to an Honorable discharge.

________________________________________________________________

APPLICANT CONTENDS THAT:

He had the best intentions, but made a mistake and did no 
violence to anyone.  He was a confused kid, but tried to do his 
best.  He volunteered for military service, and volunteered for 
Vietnam.  He went to Vietnam and got confused.  He did go Absent 
Without Leave (AWOL), but voluntarily returned.  The good in his 
record outweighs the bad.  He has lived with and paid for this 
one mistake for 40 years of his life.  Please do not make him 
pay for the rest of his life.  Every man deserves a second 
chance.  He is a homeless Veteran who turned 60 years old in 
November, and doesn’t have too many years left here on earth.  
Please don’t let him go to his grave with this on his record.  
He did volunteer when his country needed his help, and now he 
would appreciate your help.  

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Air Force on 10 May 71.

On 15 Mar 73, the applicant’s commander notified him that he 
intended to impose non-judicial punishment (NJP) under 
Article 15 of the Uniform Code of Military Justice (UCMJ) for 
Violation of UCMJ Articles 86, 134, and 113.  Specifically, the 
applicant was charged with failure to go at the time prescribed 
to his appointed place of duty, loitering at his post while 
posted as a sentinel, and sleeping on post while posted as a 
sentinel.  The applicant acknowledged receipt, and his right to 
counsel and to submit matters in mitigation, extenuation, or 
defense.

On 17 Mar 73, the applicant’s commander punished him for these 
offenses by reduction to the grade of Airman, restriction to 
base for 30 days, and forfeiture of $25.00.  The applicant chose 
not to appeal.  The case was reviewed and found to be legally 
sufficient. 

On 10 May 73, the applicant’s commander notified him that he 
intended to impose NJP for violation of UCMJ Article 86.  
Specifically, the applicant, without authority, was absent from 
the organization, and remained absent from on or about 4 May 73 
until on or about 9 May 73.  The applicant acknowledged receipt, 
his right to counsel, and to submit matters in mitigation, 
extenuation, or defense.  The applicant’s commander punished him 
for this offense by reduction to Airman Basic, and forfeiture of 
$75.00 of pay per month for two months.  The applicant chose not 
to appeal.  The case was reviewed and found to be legally 
sufficient.

On 3 Mar 75, a Special Court-Martial at Offutt Air Force Base 
Nebraska found the applicant guilty of two specifications of 
violating Article 86 of the UCMJ.  Specifically, the applicant 
did, on or about 14 May 74, without authority absent himself 
from his organization, and remained absent until on about 
23 May 74; and did, on or about 24 May 74, without authority, 
absent himself from his organization and remained absent until 
on or about 7 Apr 75.  The applicant’s sentence for these 
convictions were to be discharged from the Air Force with a Bad 
Conduct Discharge (BCD), to be confined to hard labor for three 
months, to forfeit $175.00 per month for three months, and to be 
reduced to the grade of Airman Basic.  

Under 10 USC § 1552(f), the Board’s ability to correct records 
related to courts-martial is limited.  Specifically, section 
1522(f)(1) permits the correction of a record to reflect actions 
taken by a reviewing authority under the UCMJ.  Additionally, 
the effect of section 1552(f)(2) is that the Board is without 
authority to reverse, set aside, or otherwise expunge a court-
martial conviction that occurred on or after 5 May 1950 (the 
effective date of the UCMJ).  Therefore, the Board cannot 
expunge the applicant’s court-martial conviction from his 
records, but may mitigate or set-aside his punishment based upon 
clemency.  

On 24 Oct 75, the applicant separated and was issued a General 
(Under Other Than Honorable Conditions) discharged.  

On 11 Jan 13, a request for post-service information was 
forwarded to the applicant for review and comment 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 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.  In the interest of 
justice, we considered upgrading the discharge on the basis of 
clemency; however, we do not find the evidence presented is 
sufficient for us to recommend granting the relief sought on 
that basis at this time.  Therefore, in the absence of evidence 
to the contrary, we conclude that no basis exists to grant 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 the 
application.   

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2012-03436 in Executive Session on 12 Mar 13, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

?
The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-03436 was considered:

     Exhibit A.  DD Form 149, dated 17 Jul 12.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFBCMR, dated 11 Jan 13, w/atch.




			
		Panel Chair