RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03009
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
APPLICANT REQUESTS THAT:
His general under honorable conditions discharge be upgraded to
honorable.
APPLICANT CONTENDS THAT:
He was only given a couple of options for jobs when injury
caused him to be unable to perform his original job duties.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 26 Jul 72, the applicant entered the Regular Air Force.
On 12 Apr 73, he received an Article 15 for being Absent Without
Official Leave (AWOL) on or about 19 Mar 73, with additional
AWOL charges on or about 21 Mar 73 and on or about 26 Mar 73.
He was reduced in grade to airman basic, suspended until 26 Sep
73 unless vacated sooner and ordered forfeiture of $50.00. He
acknowledged receipt indicating he was not demanding trial by
court-martial and not submitting supporting documentation.
On 7 Jun 73, his commander vacated the suspension for reduction
in grade to airman basic because he violated Article 134, UCMJ
by being disorderly on or about 29 May 73. He acknowledged
receipt the same day indicating he did not desire a personal
hearing and would not submit supporting documentation.
On 28 Jun 73, he received an Article 15, UCMJ for being AWOL on
or about 19 Jun 73 to 21 Jun 73. He commander ordered
forfeiture of $100.00 and performance of 30 days correctional
custody.
On 2 Jul 73, he acknowledged receipt indicating he was not
demanding trial by court-martial and not submitting supporting
documentation.
On 13 Aug 73, the Staff Judge Advocate found the discharge case
legally sufficient.
On 7 Sep 73, the applicant received a general under honorable
conditions discharge pursuant to AFM 39-12, Separation for
Unsuitability, Misconduct, Resignation or Request for Discharge
for the Good of the Service, Chapter 2, Section A, Paragraph 2-
4c. He was credited with 1 year, 1 month and 12 days of active
service.
On 3 Aug 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.
FINDINGS AND CONCLUSIONS OF THE BOARD:
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 applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
(OPR) and adopt its 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.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
THE BOARD DETERMINES THAT:
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 documentary evidence pertaining AFBCMR Docket
Number BC-2014-03009 was considered:
Exhibit A. DD Form 149, dated 25 Jun 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 3 Aug 14.AF | BCMR | CY2009 | BC 2009 01028
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