RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-01877
	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 honorable.

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APPLICANT CONTENDS THAT:

The character of service he received was excessive for what transpired.  He is disabled and needs benefits from the Department of Veterans Affairs (DVA).

Applicant provided no supporting documents.  

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 6 May 71, the applicant enlisted in the Regular Air Force.  On 18 Jul 75, his commander recommended he be discharged for the good of the service.  His reasons were as follows:

	a.  From Nov 71 through Jul 75, he accumulated a total of 334 days of lost time due to being absent without leave (AWOL), desertion, and military and/or civilian confinement.

	b.  He was tried and convicted by a special court-martial for stealing the property of another person on 4 Jul 73.  He was sentenced to confinement and hard labor for six months, ordered to forfeit $125 per month for six months and reduced to the grade of airman basic.

	c.  On 11 Mar 75, he was tried and convicted by a special court-martial for being AWOL on three separate occasions.  On 10 Jul 75, he was sentenced to confinement and hard labor for five months, ordered to forfeit $200 per month for five months, and reduced to the grade of airman basic.

On 7 Jul 75, he requested discharge for the good of the service.  On 22 Jul 75, the base commander approved his request and he was discharged on 30 Jul 75 with an UOTHC discharge.  

On 5 Jan 82, the Air Force Discharge Review Board (AFDRB) considered and denied a similar request submitted by the applicant.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report (Exhibit C).  On 3 Jul 08, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days, as of this date, no response has been received by this office.

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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 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.  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 AFBCMR Docket Number BC-2008-01877 in Executive Session on 30 Oct 08, under the provisions of AFI 36‑2603:

	XXXXXXXXXX, Panel Chair
XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 13 May 08.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  FBI Report of Investigation.
	Exhibit D.  Letter, AFBCMR, dated 3 Jul 08.

                                  XXXXXXXXXX
                                  Panel Chair