RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04419
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to general (under honorable conditions).
________________________________________________________________
APPLICANT CONTENDS THAT:
It was physically impossible for him to do what he was charged
with and it is well known the armed services were prejudice
during his service. It was wartime and the things he saw and
did would make anyone very contrary and try to escape reality.
In support of his request, the applicant provides copies of
excerpts from his military personnel records, a letter from the
National Personnel Records Center, and a copy of his DD Form
214, Armed Forces of the United States Report of Transfer or
Discharge.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 6 Apr 68.
On 25 Mar 70, the applicant was found guilty at a Special Court-
Martial of one specification of assault and one specification of
damaging military property, one specification of assaulting a
military police officer, one specification of resisting
apprehension, one specification of rioting, one specification of
drunk and disorderly, and one specification of wrongfully
appearing in an improper uniform in violation of Articles 108,
128, 95, 116, and 134, respectively, of the Uniform Code of
Military Justice (UCMJ). He was sentenced to reduction to the
grade of airman basic (E-1), hard labor for six months, and
forfeiture of $82 pay per month for six months.
On 23 Apr 70, the convening authority approved the finding and
the sentence was executed.
On 29 Oct 70, charges were referred to a Special Court-Martial
for one specification of possession of heroin and two
specifications of possession of marijuana in violation of
Article 134 of the UCMJ.
On 5 Nov 70, the applicant requested discharge under Air Force
Manual (AFM) 39-12, paragraph 2-78, Request for Discharge for
the Good of the Service.
On 24 Nov 70, the discharge authority directed that he be
discharged and furnished an Undesirable Discharge.
On 2 Dec 70, the applicant was furnished an UOTHC discharge and
was credited with 2 years, 2 months, and 22 days of total active
service.
On 26 Jun 14, 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 C).
________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the
evidence of record, we find the application untimely. The
applicant did not file within three years after the alleged
error or injustice was discovered as required by Title 10,
United States Code, Section 1552 and Air Force Instruction 36-
2603. The applicant has not shown a sufficient reason for the
delay in filing, and we are not persuaded that the record raises
issues of error or injustice which require resolution on the
merits. Thus, we cannot conclude it would be in the interest of
justice to excuse the untimely filing of this application.
________________________________________________________________
DECISION OF THE BOARD:
The application was not timely filed and it would not be in the
interest of justice to waive the untimeliness. It is the
decision of the Board, therefore, to reject the application as
untimely.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-04419 in Executive Session on 7 Aug 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-04419 was considered:
Exhibit A. DD Form 149, dated 7 Sep 13, w/atchs.
Exhibit B. Available Applicant's Master Personnel Records
Exhibit C. Letter, AFBCMR, dated 26 Jun 14, w/atch.
3
AF | BCMR | CY2013 | BC 2013 02855
The Board concluded the evidence presented was sufficiently credible enough to substantiate upgrading the discharge to a general discharge; however, his misconduct and substandard performance did not warrant an Honorable discharge. While the Air Force Discharge Review Board was compelled to upgrade the applicants under other than honorable conditions (UOTHC) discharge to general (under honorable conditions) discharge, we find no basis to recommend a further upgrade of the applicants...
AF | BCMR | CY2013 | BC-2013-01546
On 29 May 86, the Air Force Discharge Review Board (AFDRB) reviewed the applicants request to upgrade his discharge, but denied the request because the facts of record in his case did not warrant changing the type of discharge. As of this date, no response has been received by this office (Exhibit F). The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit...
AF | BCMR | CY2013 | BC 2013 05819
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05819 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to general (under honorable conditions). Based on a review of the record, JAJM finds no error or injustice with the military justice process which would warrant upgrading the applicants discharge to a general (under honorable conditions)...
AF | BCMR | CY2013 | BC 2013 05323
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05323 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he served in the Republic of Vietnam. A copy of the DPAPP evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air...
AF | BCMR | CY2010 | BC-2009-01486
The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOS recommends denial. The complete DPSOS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: At the time...
AF | BCMR | CY2013 | BC 2013 03962
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03962 COUNSEL: NONE (DECEASED FORMER SERVICE MEMBER) HEARING DESIRED: NO (APPLICANT) APPLICANT REQUESTS THAT: 1. The service member received an overall rating of 9 on the APR rendered for the period 20 Jul 74 through 26 May 75 with a recommendation to promote. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force...
AF | BCMR | CY2013 | BC 2013 05418
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05418 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show his dates of service during the Vietnam Era. A complete copy of the AFPC/DPSIPV evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant agrees that the DD Forms 214 have the correct dates of his...
AF | BCMR | CY2013 | BC 2013 05343
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05343 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her Reentry (RE) code of 2X (First-term, second-term or career airman considered but not selected for reenlistment under the Selective Re-enlistment Program (SRP)) be changed to allow her to reenter the military. On 5 Jun 08, after receiving two...
AF | BCMR | CY2013 | BC 2013 03229
JAJM states that upgrading the applicants BCD is not appropriate and recommends the Board deny the request as untimely or on the merits. It also indicates that a bad conduct discharge is more than merely a service characterization; it is a punishment for the crimes the applicant committed while a member of the armed forces. While JAJM states that a BCD is for bad conduct and more than merely a service characterization, all his charges stemmed from one incident.
AF | BCMR | CY2013 | BC 2013 04896
The applicants AF Form 11, Officer Military Record, reflects foreign service from 28 Jan 68 to 1 July 68 for 155 days. While the applicant has not provided conclusive evidence of the exact length of time he was in Korea, it is our opinion that the available evidence appears to weigh more in favor of amending the applicants DD Form 214 to reflect his foreign service as requested. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to...