RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05498
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
His Other Than Honorable Discharge be upgraded to Honorable.
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APPLICANT CONTENDS THAT:
There is no error. At the time of his discharge, he was young and stupid, with a very hard head. He got into a fight with other airmen on base and also got involved with a loan shark just off base, with whom he got heavily into debt. He also helped draw other Airmen into the loan sharks business. He has regretted his actions all of his adult life due to the embarrassment he caused the Air Force, his family, and himself. He has led an exemplary life since being discharged. He and his wife were very active in coordinating fire fighters efforts to reclaim the oil wells in the early part of the battle in Kuwait and were recognized by the Army Corps of Engineers. He believes that his record since being discharged would speak for itself and many well respected businessmen, clergy, and elected official would vouch for him.
The applicants complete submission is at Exhibit A.
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STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 1 Jul 66.
On 24 Jan 67, after consulting with legal counsel, the applicant requested he be discharged for the good of the service, acknowledging that approval of his request might result in his receiving an undesirable discharge, deprival of Veterans benefits, and cause prejudice in his civilian life.
On 2 Feb 67, the applicants commander recommended him for discharge. The reasons for taking this action were:
a. At the time the applicant was awaiting courts-martial action for violation of Article 134 of the Uniform Code of Military Justice (UCMJ) for wrongfully and dishonorably failing to place funds in multiple banks for payment of certain checks in full upon their presentment for payment. During the period 15 Nov 66 through 19 Dec 66, he wrote ten checks which were returned marked either non-sufficient funds or no account.
b. The applicant was also charged with violation of Article 86, UCMJ for absenting himself from this organization without proper authority on 5 Jan 67 and remaining absent until on or about 21 Jan 67.
c. The applicants inability to adapt to desired military standards, as evidenced by:
1. Being Absent Without Leave (AWOL), during the period 15 Aug 66 through 29 Aug 66 (15 days).
2. Receiving an Article 15, 23 Sep 66, for which he was reduced from A3C to AB and ordered to forfeit $20.00 of pay for one month.
3. Receiving a Letter of Admonishment, 18 Nov 66.
4. Failing to stop at the South Gate in Privately Owned Vehicle (POV), 9 Nov 66.
5. Committing a False Pretense Felony, 25 Nov 66 (check returned to Heritage Motel).
6. Being counseled on numerous occasions for substandard performance regarding his tardiness for work and his apparent disregard for work schedules and Air Force policies.
On 27 Feb 67, the discharge authority directed the applicant be discharged.
On 1 Mar 67, the applicant was discharged for the good of the service, furnished an Other Than Honorable Conditions discharge, and credited with eight months and one day of active service.
On 10 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 D).
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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 an 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 his 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 based on clemency; however, in the absence of any evidence related to his activities since leaving the service, we have no basis upon which to determine whether or not the applicants post-service accomplishments overcome the misconduct for which he was discharged. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought.
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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 this application.
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The following members of the Board considered AFBCMR Docket Number BC-2013-05498 in Executive Session on 2 Sep 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05498 was considered:
Exhibit A. DD Form 149, dated 18 Nov 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 10 Jun 14.
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