RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-02717

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, and discharge order be corrected to reflect a general or honorable discharge.  

He be reinstated to the grade of airman first class (E-3).  


APPLICANT CONTENDS THAT:

His Air Force career was misunderstood by the things that transpired.  He served as a proud airman protecting himself and did not intend any negative results to come of his actions.  He did not attack anyone.  Although he has been able to use his Air Force skills to maintain a decent life, he would like it to be clear who and what he stands for.  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 31 March 1972.  

On 18 July 1973, the applicant received non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) for failure to go to his place of duty, in violation of Article 86, UCMJ.  His commander imposed punishment consisting of a suspended reduction to the grade of Airman (E-2) until 31 December 1973 and 14 days extra duties.  

On 30 July 1973, the applicant’s commander removed him from promotion consideration due to his failure to demonstrate the maturity and sense of responsibility of the next higher grade.  

On 24 August 1973, the applicant’s commander determined he failed to go to his place of duty, effective 8 August 1973, resulting in the vacation of his suspended NJP action issued on 18 July 1973.  

On 30 August 1973, the applicant’s AF Form 909, Airman Performance Report (APR), rendered for the period 13 January 1973 thru 25 August 1973, was referred to him due to his lack of military discipline, continuing lateness in reporting for duty and his general lack of initiative.  

On 12 September 1973, the applicant received NJP under Article 15 of the UCMJ for failure to go to his place of duty, in violation of Article 86, UCMJ.  His commander imposed punishment consisting of reduction to the grade of Airman Basic (E-1) and forfeitures of $50.00 per month for two months.  

On 16 May 1974, the applicant pled not guilty; however, he was found guilty at a Special Court-Martial (SPCM) for absenting himself from his place of duty without proper authority during the period of 29 January 1974 through 16 April 1974, in violation of Article 86, UCMJ.  He was sentenced to confinement at hard labor for three months and forfeitures of $100.00 pay per month for three months.  

On 3 September 1974, the applicant received NJP under Article 15 of the UCMJ for 7 specifications in violation of Article 86, UCMJ and two specifications in violation of Article 92, UCMJ.  His commander imposed punishment consisting of 30 days correctional custody and forfeitures of $153.00 pay per month for two months.  

On 16 December 1974, the applicant pled not guilty; however, he was found guilty at a General Court-Martial (GCM) of damage to government property in violation of Article 108, UCMJ; breach of restraint and wrongfully communicating at threat, both in violation of Article 134, UCMJ; and assaulting a noncommissioned officer, in violation of Article 91, UCMJ.  He was sentenced to confinement at hard labor for seven months, forfeitures of $150.00 pay per month for seven months and a bad conduct discharge (BCD).  

On 5 November 1975, the applicant’s BCD was affirmed upon completion of appellate review.  

On 29 January 1976, the applicant was furnished an under other than honorable conditions (UOTHC) discharge, and was credited with 3 years 4 months, and 12 days of active service.   

On 27 March 2015, 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 F).

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C and D.  


AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial.  The record is unclear about the dates of all the Article 15s; however, what is clear from the record, the non-judicial punishments and courts-martial punishments approved by the convening authorities were within the range of permissible punishments.  Furthermore, in accordance with 10 United States Code (USC) 1552(f), the Board has no authority to overturn a court-martial conviction but may only on the basis of clemency, correct the actions taken by the reviewing authorities.  In this case, the applicant submitted no evidence in clemency and there is no evidence of an error or an injustice.  

A complete copy of the AFLOA/JAJM evaluation is at Exhibit C.  

AFPC/DPSOE recommends denial in regards to the applicant’s request to be reinstated to the grade of E-3.  Based upon concurrence with AFLOA/JAJM’s decision, there were no legal errors requiring corrective actions regarding the applicant’s non-judicial punishment or court-martial processes; thereby, his request should not be granted.  

A complete copy of the AFPC/DPSOE evaluation is at Exhibit D.  


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation were forwarded to the applicant on 27 February 2015 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.


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 agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPRs) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.


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-2014-02717 in Executive Session on 27 May 2015 under the provisions of AFI 36-2603:

	Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 7 July 2014, w/atchs
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFLOA/JAJM, dated 11 December 2014.
	Exhibit D.  Memorandum, AFPC/DPSOE, dated 22 December 2014.
	Exhibit E.  Letter, SAF/MRBR, dated 27 February 2015.
	Exhibit F.  Letter, AFBCMR, dated 27 March 2015.