RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03960
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to honorable.
APPLICANT CONTENDS THAT:
He was wrongfully accused of involvement with a base bumper sticker incident, which resulted in receiving an Article 15. He was not the real culprit.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 5 May 1969.
On 8 December 1972, the applicant received non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) for operating a vehicle while drunk, in violation of Article 111, UCMJ. His commander imposed punishment consisting of a suspended reduction to the grade of Airman First Class (E-3) until 1 April 1973, and forfeitures of $100.00 pay per month for two months.
On 8 January 1973, according to AF Form 1137, Unfavorable Information File Summary, the applicant was issued a Letter of Reprimand (LOR), for failure to go, in violation of Article 86, UCMJ.
On 13 March 1973, according to AF Form 1137, the applicant was reviewed for promotion; however, not recommended.
On 14 March 1973, the applicants commander determined that he had knowledge of a lawful order revoking his base driving and registration privileges for a period of one year, effective 7 December 1972; however he failed to obey that order on 2 March 1973, resulting in the vacation of his suspended NJP issued on 8 December 1972.
On 3 October 1973, the applicant received NJP under Article 15, UCMJ for two specifications of failure to go, in violation of Article 86, UCMJ; and a false official statement, in violation of Article 107, UCMJ. His commander imposed punishment consisting of reduction to the grade of airman (E-2).
On 18 October 1973, the applicants commander notified him that he was recommending his discharge from the Air Force for his frequent involvement of a discreditable nature with military authorities, lack of concern, minimal contribution to the air force, and apparent lack of motivation for further service.
On 14 November 1973, the applicant was furnished a general (under honorable conditions) discharge, and was credited with 4 years, 6 months, and 10 days of active service.
On 22 September 2014, the applicant initiated a DD Form 293, Application for the Review of Discharge or Dismissal From the Armed Forces of the United States, requesting his general (under honorable conditions) discharge characterization be changed to honorable.
On 10 April 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 E).
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.
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. There is nothing legally insufficient with the applicants Article 15s. He was afforded all of his rights during the NJP and discharge processes. In addition, he waived his right to a discharge board while acknowledging he could receive an under other than honorable conditions discharge. There is no evidence of an error or an injustice.
A complete copy of the AFLOA/JAJM evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 17 February 2015 for review and comment within 30 days (Exhibit D). 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 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 processing of his non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) or his discharge process. Based on the available evidence of record, it appears the applicants General (Under Honorable Conditions) discharge was consistent with the substantive requirements of the discharge regulation and within the commanders discretionary authority. In additions, he has provided no evidence which would lead us to believe the characterization of his service was improper or 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 on the basis of clemency; however, in the absence of any evidence related to the applicants activities since leaving the service, we find no basis to recommend granting the relief sought on that basis. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicants General (Under Honorable Conditions) discharge.
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-2014-03960 in Executive Session on 27 May 2015 under the provisions of AFI 36-2603:
Chair
Member
Member
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-03960 was considered:
Exhibit A. DD Form 149, dated 22 September 2014, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFLOA/JAJM, dated 8 January 2015.
Exhibit D. Letter, SAF/MRBR, dated 17 February 2015.
Exhibit E. Letter, AFBCMR, dated 10 April 2015.
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