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AF | BCMR | CY2013 | BC 2013 03197
Original file (BC 2013 03197.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-03197
		COUNSEL:  NONE
	                   	HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

Her under other than honorable conditions (UOTHC) discharge be 
upgraded to general.  In addition, her Social Security Account 
Number (SSAN) be corrected.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

Her discharge characterization was part of a court action which 
should have been changed to a general discharge after six 
months.  

She gave an incorrect SSAN to her recruiter in March 1973 and 
would like it corrected.  

In support of her appeal, the applicant provides a personal 
statement and a copy of her SSAN card.  

The applicant's complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
served on active duty from 21 March 1974 to 16 August 1974.  She 
was promoted to the grade of airman first class (A1C) (E-3) 
effective 2 May 1974.  

On 4 June 1974, the applicant was notified of her commander’s 
intent to impose punishment upon her pursuant to Article 15, 
Uniform Code of Military Justice (UCMJ) for failure to go at the 
time prescribed to her appointed place of duty in violation of 
Article 86, UCMJ, on or about 28 May 1974, 29 May 1974, and 
31 May 1974.  The applicant acknowledged her commander’s intent, 
waived her rights to a court-martial, and waived her right to 
provide written matters in her own behalf.  After the applicant 
provided an oral presentation to her commander in a closed 
session, and the Staff Judge Advocate found the case to be 
legally sufficient, the commander imposed punishment consisting 
of reduction to the grade of airman (E-2) and forfeiture of $50 
pay.  The portion of punishment which provided for reduction to 
the grade of airman was suspended until 7 December 1974, at 
which time it was remitted without further action.  

On 8 August 1974, after consulting counsel, the applicant 
submitted a request to her commander requesting discharge under 
the provisions of Air Force Manual 39-12, paragraph 2-78, for 
the good of the service.  She indicated that she understood that 
her request may result in her receiving an undesirable discharge 
or under conditions other than honorable.  On 14 August 1974, 
her commander recommended the applicant’s request for discharge 
be approved and that she be given an undesirable 
characterization of service.  On 15 August 1974, the discharge 
authority approved the recommended discharge 

The applicant was discharged from active duty in the grade of 
A1C effective 16 August 1974 with an UOTHC discharge.  She 
served 4 months and 26 days on active duty.  

On 8 August 2013, the applicant was notified by the Chief of 
Records Procedures (AFPC/DPSIRP), that her request to change her 
SSAN was not possible.  DPSIRP indicated that Air Force 
Instruction 36-3208, Military Personnel Records Systems, permits 
changes for a former member if there is evidence the Air Force 
erroneously recorded the data in question.  However, after a 
review of the applicant’s record, DPSIRP indicates that all of 
her personnel records revealed the SSAN that she presented at 
the time of her enlistment; therefore, her SSAN had not been 
erroneously recorded.  As the applicant no longer has 
affiliation with the Air Force as a Reservist or a retiree, they 
are unable to amend her military record after the fact.  

________________________________________________________________
_

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 
her discharge on the basis of clemency.  With regard to the  
applicant’s request for her SSAN to be corrected, we are in 
agreement with AFPC/DPSIRP that her SSAN was properly recorded 
and since the applicant no longer has any military affiliation an  
amendment to her military records after the fact is not possible.  
Therefore, based on the foregoing, the applicant’s requests are 
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-2013-03197 in Executive Session on 1 April 2014, under 
the provisions of AFI 36-2603:

	                    , Panel Chair
	                    , Member
	                    , Member

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2013-03197:

Exhibit A.  DD Form 149, dated 1 Jul 13, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, AFPC/DPSIRP, dated 8 Aug 13, w/atch.
Exhibit D.  Letter, AFPC/MRBR, dated 15 Aug 13.




									                  
									Panel Chair
2

3

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