RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-02845
		INDEX CODE:  110.00
		
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to an under honorable conditions (general) discharge.

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APPLICANT CONTENDS THAT:

He was absent without authority (AWOL), and not drunk on duty.

He has been a productive citizen for years.

The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served on active duty in the Regular Air Force from   17 Aug 56 to 16 Aug 60, and was honorably released from active duty for expiration of term of service and transferred to the Air Force Reserve.  He served in the Air Force Reserve from 17 Aug 60 to 16 Aug 62; and was discharged for expiration of term of service on 16 Aug 62.

Applicant enlisted in the Regular Air Force on 5 Jun 67, for a period of four years.  

Applicant received an Article 15 on 23 Aug 69, for failure to obey.  Punishment imposed was reduction to the grade of airman and forfeiture of $50 pay for two months.  Previous disciplinary action under Article 15, dated 23 Aug 68, for drunk and disorderly behavior on station, with a suspended reduction to airman was vacated 1 Jan 69, and he was fined $25 per month for two months.

On 22 Jun 70, applicant was tried and convicted by a special court-martial for being AWOL from 18 Jul 69 – 28 Apr 70.  He was sentenced to a bad conduct discharge (BCD), forfeiture of $50.00 pay per month for four months, confinement at hard labor for four months, and reduction to the grade of airman basic.  The BCD and forfeiture was suspended until 23 Mar 71, at which time, unless the suspension was sooner vacated, the suspended portions of the sentence would be remitted without further action.  Applicant was afforded retraining with the provision for automatic remission of his discharge contingent on a successful retraining period.  However, applicant again went AWOL while in retraining status.  His suspended discharge was vacated on 12 Jan 71.  On 25 Jan 71, he was discharged with a BCD.  He was credited with 6 years, 4 months, and 20 days of active military service (excludes 419 days lost time due to AWOL and confinement).

On 23 Oct 80, applicant applied to the Air Force Discharge Review Board (AFDRB) requesting that his BCD be upgraded to an honorable discharge.  After review of the evidence of record, the AFDRB concluded that the discharge was consistent with the procedural and substantive requirements of the Uniform Code of Military Justice and that the individual was provided full due process.  The Board concluded that the applicant’s discharge should not be changed.  The Board further concluded the applicant did not establish the existence of any factor which renders his discharge improper or inequitable and no such factor was discerned by the Board.  A copy of the AFDRB findings is attached at Exhibit B.

Pursuant to the Board’s request on 17 Sep 07, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided a copy of an investigation report, which is attached at Exhibit C.  

On 12 Oct 07, a copy of the FBI Report of Investigation was forwarded to applicant for review and comment.  At the same time the AFBCMR staff offered the applicant an opportunity to provide information pertaining to his activities since leaving the service (Exhibit D).  To date, a response has not been received.

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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.  The applicant’s discharge had its basis in his trial and conviction by special court-martial.  After careful consideration of the available evidence, we found no indication that the actions taken to affect his discharge were improper or based on factors other than his own misconduct.  Likewise, the applicant has not shown that the discharge was improper or that the characterization of his discharge was inappropriate under the circumstances.  We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend 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 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-2007-02845 in Executive Session on 21 December 2007, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-02845 was considered:

    Exhibit A.  DD Form 149, dated 28 Jun 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFBCMR, dated 12 Oct 07.