RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05493 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was sexually assaulted by Thai nationals that he worked with and was ashamed to tell anyone what happened until November 2012. After receiving mental healthcare he is now able to talk about the assault in certain environments. The applicant provides no documentation in support of his appeal. The applicant's complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 14 January 1967. The 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. The specific reasons follow: a. The applicant did on or about 20 July 1969, without authority, fail to go at the time prescribed to his appointed place of duty. For this misconduct the applicant received punishment under Article 15 of the Uniform Code of Military Justice (UCMJ). b. The applicant did on or about 2 and 6 January 1970, without authority, fail to go at the time prescribed to his appointed place of duty. For this misconduct the applicant received punishment under Article 15 of the UCMJ. c. The applicant did, on or about 20 February 1970 and 10 March 1970, fail to go at the time prescribed to his appointed place of duty. The applicant received nonjudicial punishment under Article 15 of the UCMJ. He was advised of his rights in this matter and waived his right to a hearing before an administrative discharge board; however, he submitted a statement on his own behalf. In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended discharge. The discharge authority concurred with the recommendation and directed a general discharge. The applicant was discharged on 17 May 1970. He served 2 years, 11 months and 4 days on active duty and was credited with 1 year and 25 days of foreign and/or sea service. On 12 August 2013, a request for information pertaining to his post-service activities was forwarded to the applicant for review and response within 15 days (Exhibit C). As of this date, this office has received no response. ________________________________________________________________ _ 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, or unduly harsh. In the interest of justice, we considered upgrading the discharge based on clemency; however, based on the evidence before us, we find no basis to grant clemency at this time. ________________________________________________________________ _ 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. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2012-05493 in Executive Session on 4 September 2013, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05493 was considered: Exhibit A. DD Form 149, dated 19 November 2012. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 12 August 2013. 2 3