RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-02112
		INDEX NUMBER: 123.06

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The lost time due to his being Absent Without Official Leave (AWOL) and in confinement, be changed to normal duty status.

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THE APPLICANT CONTENDS THAT:

During the period in question, he was 19 years old, young, and foolish.  He was on leave with a friend who was AWOL.  They reported to a base and he was not AWOL until the next morning.  However, they were arrested by the military police and court-martialed.  He is now 65 years old and would like to have his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and name cleared for the sake of his family.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his enlistment with the Regular Air Force on 3 August 1956.  He was AWOL from his duty station from 6 April 1958 to 8 April 1958.  On 22 April 1958, he was convicted by a summary court-martial of violating Article 86 (AWOL) of the Uniform Code of Military Justice (UCMJ), after pleading guilty to the charge.  He was sentenced to confinement at hard labor for 30 days.  He was released from active duty on 29 July 1960 and transferred to the Air Force Reserve.  He completed 3 years, 10 months, and 22 days, which excludes 35 days of lost time (AWOL: 6 Apr 58 - 8 Apr 58 (3 days) & Confinement: 22 Apr 58 - 23 May 58 (32 days)).  He was honorably discharged from the Air Force Reserve on 2 August 1962.

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AIR FORCE EVALUATION:

AFPC/JA recommends the application be denied as untimely; however, should be Board excuse the applicant’s failure to timely file, his request should be denied on the merits.  AFPC/JA states, in part, that while they can be sympathetic to the mistake the applicant made decades ago when he was a young man, the actions taken against him were appropriate.  He accepted trial by a summary court-martial and pled guilty to the charges against him.  Further, he successfully completed his term of service and was honorably discharged two years after his court-martial.

The AFPC/JA evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 22 October 2004 for review and response within 30 days.  However, as of this date, this office has received no response.

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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 error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we find no evidence of error or injustice.  In this respect, we note that applicant pled quilty to summary court-martial charges of being AWOL and was sentenced to confinement.  As a result of his AWOL status and period of confinement, he had 35 days of lost time which was documented on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, at the time of his release from active duty.  It appears the applicant was afforded all the rights to which entitled and has provided no evidence to indicate that his lost time has been recorded incorrectly. There being insufficient evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC-2004-02112 in Executive Session on 7 December 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 May 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/JA, dated 14 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Oct 04.