RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01644
		INDEX CODE:  110.02

		COUNSEL: 

		HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  26 NOV 08

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APPLICANT REQUESTS THAT:

His date of separation (DOS) be changed to September 1968 rather than 26 September 1967.

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APPLICANT CONTENDS THAT:

He makes no contentions.

In support of his request, the applicant provided a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 22 September 1966 in the grade of airman basic.  He served as an Apprentice Fuel Specialist.  On 30 August 1967, applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFM 39-12, chapter 2, section B, paragraph 2-15a for frequent involvement of a discreditable nature with civil or military authorities.  The specific reasons for this action were as follows:

On 28 December 1966, applicant was tried by a special court-martial for larceny of an armed forces identification card, a Tennessee operator’s license, a selective service system registration certificate, a receipt for a pair of trousers, and a pair of trousers in violation of Article 121, UCMJ.  He was sentenced to a reduction in grade to airman basic.

On 9 January 1967, applicant received an Article 15 for failure to repair to his appointed place of duty, without proper authority on 3 January 1967.  His punishment consisted of 14 days in correctional custody.

On 17 July 1967, applicant received a Letter of Reprimand (LOR) for failure to repair to his appointed place of duty without proper authority on or about 26 June 1967, in violation of Article 86, UCMJ.

On 21 July 1967, applicant was placed on the Control Roster for misconduct.

On 9 August 1967, applicant received an Article 15 for failure to repair to his appointed place of duty, without proper authority on 5 and 7 August 1967.  His punishment consisted of 30 days in correctional custody.

He was advised of his rights in this matter and acknowledged receipt of the notification on that same date.  The applicant waived his right to consult counsel and elected not to submit statements on his own behalf.  In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended that he be discharged.  The discharge authority concurred with the recommendations and directed that he be discharged with a general discharge.  Applicant was discharged on 26 September 1967.  He served 1 year and 5 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states based on the documentation on file in the 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.

Applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no facts warranting a change to the effective date of his separation (26 September 1967).

The DPPRS complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 June 2007, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D).  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 an error or injustice.  After a thorough review of the evidence of record and the applicant’s submission, we are of the opinion that the applicant’s DOS is correct and the applicant has not provided any evidence which would lead us to believe otherwise.  Therefore, we agree with the office of primary responsibility and adopt its rational as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of 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 an 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.

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The following members of the Board considered AFBCMR Docket Number BC-2007-01644 in Executive Session on 26 July 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 May 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 5 Jun 07.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Jun 07.