RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02499
		INDEX CODE:  110.02
	XXXXXXX	COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His narrative reason for discharge be changed from “desertion” and his discharge date be changed.

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APPLICANT CONTENDS THAT:

He was never charged with desertion. He believes the involuntary discharge during Desert Storm conflict caused his narrative reason to reflect desertion.  

In support of his application, the applicant provides a personnel statement.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 11 April 1990, for a term of 4 years.  He was convicted by Special Court-Martial Order Number 10, dated 8 November 1990, for unauthorized absence from his place of duty from on or about 28 July 1990 to on or about 12 September 1990. He pleaded guilty to the specification and was found guilty.  The applicant was sentenced to be discharged from the service with a bad conduct discharge, confinement for 47 days, and forfeiture of $200.00 pay per month for two months.  The sentence was approved except for the bad conduct discharge. 

On 20 September 1991, Special Court-Martial Order Number 5 affirmed the sentence except for the bad conduct discharge. The Active Secretary of the Air Force substituted a general discharge for the bad conduct discharge. Applicant’s date of separation was established as 30 September 1991 and he was discharged with a general (under honorable conditons) discharge under the provisions of AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program (conviction by court-martial-desertion). He served one year, four months, and 3 days of total active service. During the period from 31 October 1990 until 30 September 1991, the applicant was in excess leave status pending appellate review of his court-martial action. 

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AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial and 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. The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, nor did he provide any facts warranting a change to his date of separation.

AFPC/DPSOS’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and states he questions the authenticity of the desertion charge. He wonders if he can be a deserter and be discharged under honorable conditions. He thought desertion was in time of war. As the advisory opinion states, his apprehension date was on or about    12 September 1990 and he was confined for 47 days confirming his tenure in the Air Force to be less than 6 months. The country was not at war in September 1990, so without the appellate review period, he was physically out of the service prior to any act of war. He is not certain the period of the appellate review would lengthen his service date. His service in the Air Force was over; he was at home while the appellate review was reviewing his court-martial.  

Applicant’s complete response is at Exhibit E.

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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 applicant’s submission, we are not persuaded that his records should be changed. In this regard, we note that the discharge appears to be in compliance with the governing manual in effect at the time and we find no evidence to indicate that the applicant’s separation from the Air Force was inappropriate. Applicant’s contentions were duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override rationale provided by the Air Force. Therefore, we agree with the opinion and recommendation of the office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In the absence of persuasive 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 a 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-2007-02499 in Executive Session on 28 November 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-02499:

	Exhibit A.	DD Form 149, dated 24 Jun 07.
	Exhibit B.	Available Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPSOS, dated 4 Sep 07.
	Exhibit D. Letter, SAF/MRBR, dated 12 Oct 07.
	Exhibit E. Applicant’s Response, dated 22 Oct 07.