RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02023
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his discharge, he was informed that he could
request that his DD Form 214, Armed Forces of the United States
Report of Transfer or Discharge be amended to reflect an
honorable discharge.
In support of his appeal, the applicant provides a copy of his
DD Form 214.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 20 Sep 62, the applicant enlisted in the Regular Air Force.
On 29 Sep 64, the applicant was tried by Special Court-Martial.
He was charged with two specifications of larceny in violation
of Article 121, Uniform Code of Military Justice (UCMJ). He
pled guilty and was found guilty of all specifications. He was
sentenced to reduction in the grade to airman basic, confinement
at hard labor for six months and forfeiture of $50.00 pay per
month for six months. The convening authority approved the
findings and sentence.
On 29 Jan 65, the unexecuted portions of the sentence to
confinement and forfeitures were remitted.
On or about 8 Apr 65, the applicant without proper authority
failed to go at the time prescribed to his appointed place of
duty in violation of Article 86, UCMJ. For this misconduct, he
received an Article 15, UCMJ, ordered to perform extra duty and
was restricted to the limits of Sheppard Air Force Base, Texas
for a period of 14 days.
By undated letter, the applicant was notified of his commanders
intent to recommend he be discharged from the Air Force under
the provisions of AFR 39-17, Unfitness for a pattern of frequent
involvement of a discreditable nature with military authorities.
The applicant acknowledged receipt of the notification of
discharge and after consulting with counsel, waived his right to
submit a statement on his own behalf. He also stated that he
did not desire rehabilitation under the Probation and
Rehabilitation Program.
By undated letter, the administrative officer concurred with the
commanders recommendation and recommended the applicant receive
a general (under honorable conditions) discharge.
On 3 Sep 65, the discharge authority approved the applicants
discharge. On 9 Sep 65, the applicant was discharged with
service characterized as general (under honorable conditions) in
the grade of airman basic. He served two years, seven months
and eight days of total active service.
_________________________________________________________________
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 characterization of the
applicants discharge based on clemency; however, after
considering his overall record of service and the infractions
which led to his administrative separation we are not persuaded
that an upgrade is warranted. In view of the above and in the
absence of evidence to the contrary, we find no basis upon which
to recommend granting the relief sought.
________________________________________________________________
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-2013-02023 in Executive Session on 30 Jan 14, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Apr 13, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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