RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02831
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded to a general (under honorable conditions) discharge.

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APPLICANT CONTENDS THAT:

He served two years of service during Vietnam.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 27 July 1966, applicant enlisted in the Regular Air Force in the grade of airman basic.  He served as an Aircraft Mechanic.

On or about 6 April 1968, applicant was absent without leave (AWOL) from his organization until 10 April 1968.  He received nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ).

On 22 May 1968, applicant was reported AWOL from his organization.  On 20 June 1968 he was dropped from rolls as a deserter.  He subsequently turned himself into the civilian authorities on 22 August 1968.

On 5 September 1968, applicant submitted a request for discharge under AFM 39-12, paragraph 2-78, Request for Discharge for the Good of the Service.

On 18 October 1968, applicant was discharged with an UOTHC discharge.  He served 1 year, 11 months, and 15 days on active duty.

On 20 March 1969, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request that his UOTHC discharge be upgraded (Exhibit B).

Pursuant to the Board's request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C.

On 23 October 2007, the applicant was provided the opportunity to respond to the Investigative Report and to provide documentation pertaining to his post-service activities, within 30 days (Exhibit D).  Applicant provided a response which 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.  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 discharge processing.  Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority.  The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified 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-2007-02831 in Executive Session on 18 December 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 28 August 2007.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report of Investigation.
   Exhibit D.  Letter, SAF/MRBC, dated 23 October 2007.
   Exhibit E.  Letter, Applicant, undated.