RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02694
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded.
APPLICANT CONTENDS THAT:
He was court-martialed for no reason. The judge and jury said
that he would go to Lowry AFB for rehabilitation. His commander
didnt like black people and said that he didnt belong in the
Air Force. When he returned home to Texas he could not gain
employment and was denied all of his benefits. He would like to
correct the wrong that was done to him.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
6 Jul 70.
On 11 Oct 72, the applicant was notified by his commander of his
intent to recommend his discharge under the provisions of AFM
39-12, for frequent involvement of a discreditable nature with
military and civil authorities. The basis for the action
included the following:
a. On 5 Dec 70, 7 Jan 71, and 28 Jan 71, the applicant was
found guilty at Special Court-Martial for larceny of $67 in
violation of the Uniform Code of Military Justice (UCMJ) Article
121, three specifications of assault consummated by a battery in
violation of UCMJ Article 128, and an additional charge of
assault consummated by a battery in violation of UCMJ Article
128. He was sentenced to a reduction to the grade of airman
basic (E-1) and confined at hard labor for three months.
b. On 8, 12, 13 Apr 72, the applicant failed to repair,
for this he received a Letter of Reprimand (LOR).
c. On 31 Mar 72, the applicant received an Article 15 for
disorderly conduct and forfeited $75 pay.
d. On 9 Jun 72, the applicant was placed on Airmans
Control Roster.
e. On 23 Jun 72, the applicant failed to comply with
verbal instructions, for this he received a LOR.
f. On 24 Jun 72, the applicant received an Article 15 for
failure to repair, forfeited $25 pay and 16 days extra duty.
On 11 Oct 72, the applicant acknowledged receipt of the action
and elected to have his case heard before an administrative
discharge board.
On 14 Nov 72, the discharge authority approved the Boards
recommendation for an undesirable discharge but disapproved the
recommendation for probation and rehabilitation.
On 5 Dec 72, the action was found to be legally sufficient and,
on 8 Dec 72, the discharge authority concurred with the
commanders recommendation.
On 23 Jan 73, the applicant was furnished an undesirable
discharge, and was credited with 2 years, 6 months, and 17 days
of active service.
On 24 Sep 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).
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 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 discharge based on
clemency; however, in the absence of any evidence related to the
applicants post-service activities, there is no way for us to
determine if the applicants accomplishments since leaving the
service are sufficiently meritorious to 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.
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.
The following members of the Board considered AFBCMR Docket
Number BC-2014-02694 in Executive Session on 21 May 15, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Jul 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 24 Sep 14.
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