RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-00847
	INDEX CODE:  110.00
	COUNSEL:  NONE

	HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  22 SEPTEMBER 2008

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APPLICANT REQUESTS THAT:

Her late husband’s general (under honorable conditions) discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

Her late husband had a successful post-service life.  He acquired a law degree, he worked for a publishing company for 17 years, and he was appointed as an administrative law judge.  He later came out of retirement to work in a local high school with at-risk children.

In support of her application, the applicant submits a copy of her late husband’s general discharge certificate, a copy of his educational allowance letter, a copy of his board of bar examiners letter, a copy of his appointment notice, a newspaper article and a copy of his death certificate.

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

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STATEMENT OF FACTS:

The service-member enlisted in the Regular Air Force at the age of 17 (with his parent’s consent) in the grade of airman basic for a period of 4 years.  

On 31 Mar 58, the service-member’s commander notified him that he was initiating discharge action against him under AFR 39-17 due to his repeated offenses.  

The service-member received Article 15 action for the following offenses and on the dates indicated:

	(1)  Wearing civilian clothing while in BMT on 16 Dec 56.
	(2)  Failure to obey an order to report to TAC instructor on 17 Dec 56.

	(3)  Failure to obey supervising NCO’s lawful order to wit: get chevrons on all uniforms and never report to Orderly Room again without any on 27 Nov 57.

	(4)  Reported for pay without chevrons on Class “A” uniform on 30 Nov 57. 

He received three court-martial convictions for possession of a false military pass and two incidents of being absent without leave (AWOL).

The service-member was advised of his rights and provided legal counsel.  He waived his right to a hearing before a board of officers and requested he be discharged without the benefit of board proceedings.  The commander thereafter initiated a recommendation for the applicant’s separation.  

In a legal review of the discharge case file the staff judge advocate found the file was legally sufficient.  On 11 Jun 58, the service-member was discharged because of unfitness and issued an undesirable discharge certificate.  He had served     1 year, 5 months and 11 days on active duty.

In a similar appeal, the service-member requested his undesirable discharge be upgraded to honorable by the Air Force Discharge Review Board (AFDRB). On 15 Jan 73, the AFDRB voted to upgrade the applicant’s discharge to general and a new DD 214 was issued.

In response to the Board’s request, the FBI indicated they were unable to identify with an arrest record pertaining to the applicant on the basis of information furnished.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS states that based on the documentation on file in the service-member’s master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.  Additionally, the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and she provided no facts warranting an upgrade of the service-member’s discharge.  

The complete DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 Apr 07 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D). 

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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.  We took notice of the applicant's 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 and adopt its rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 this application in Executive Session on 5 June 2007, under the provisions of AFI 36‑2603:

	XXXXXXXXXX, Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered for AFBCMR Docket Number BC-2007-00847:

     Exhibit A.  DD Form 149, dated 12 Mar 07 w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 28 Mar 07.
     Exhibit D.  Letter, SAF/MRBR, dated 6 Apr 07.

                                  XXXXXXXXXX
                                  Chair