RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05493
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He was sexually assaulted by Thai nationals that he worked with
and was ashamed to tell anyone what happened until November
2012. After receiving mental healthcare he is now able to talk
about the assault in certain environments.
The applicant provides no documentation in support of his
appeal.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 14 January
1967.
The applicant was notified by his commander of his intent to
recommend that he be discharged from the Air Force under the
provisions of AFM 39-12. The specific reasons follow:
a. The applicant did on or about 20 July 1969, without
authority, fail to go at the time prescribed to his appointed
place of duty. For this misconduct the applicant received
punishment under Article 15 of the Uniform Code of Military
Justice (UCMJ).
b. The applicant did on or about 2 and 6 January 1970,
without authority, fail to go at the time prescribed to his
appointed place of duty. For this misconduct the applicant
received punishment under Article 15 of the UCMJ.
c. The applicant did, on or about 20 February 1970 and
10 March 1970, fail to go at the time prescribed to his
appointed place of duty. The applicant received nonjudicial
punishment under Article 15 of the UCMJ.
He was advised of his rights in this matter and waived his right
to a hearing before an administrative discharge board; however,
he submitted a statement on his own behalf. In a legal review
of the case file, the staff judge advocate found the case
legally sufficient and recommended discharge. The discharge
authority concurred with the recommendation and directed a
general discharge. The applicant was discharged on 17 May 1970.
He served 2 years, 11 months and 4 days on active duty and was
credited with 1 year and 25 days of foreign and/or sea service.
On 12 August 2013, a request for information pertaining to his
post-service activities was forwarded to the applicant for
review and response within 15 days (Exhibit C). As of this
date, this office has received no response.
________________________________________________________________
_
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, or unduly harsh. In the
interest of justice, we considered upgrading the discharge based
on clemency; however, based on the evidence before us, we find
no basis to grant clemency at this time.
________________________________________________________________
_
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2012-05493 in Executive Session on 4 September 2013,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-05493 was considered:
Exhibit A. DD Form 149, dated 19 November 2012.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 12 August 2013.
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