RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03108
		
 			COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His Dishonorable Discharge be upgraded.  

His records be corrected to reflect he served during the following periods:  

a.  August – September 1965 at Lackland Air Force Base (AFB).

b.  September – January 1966 at K.I. Sawyer AFB.

c.  March – May 1966 at March AFB, K.I. Sawyer AFB, Wright Patterson AFB.

d.  December – January 1968/1969 at Hamilton AFB, K.I. Sawyer   AFB, Fort Belvoir, K.I. Sawyer AFB.

e.  January – September 1969 at K.I. Sawyer AFB.  

APPLICANT CONTENDS THAT:

He received a General Court-Martial on 1 April 1969; however, he remained in the Air Force at K.I. Sawyer AFB until September 1969.  He was then released from the stockade, driven to the civilian airport and handed his discharge.  

He was a 19 year old graduate of Carson Long Military Academy when he enlisted.  However, he was far from mature.  Now, at the age of 69, his patriotism is fervent and he wishes for that the Armed Services would utilize him.  He has completely turned his life around over the course of 34 plus years.

He is not a bad man.  He has underwent 8 years of weekly, one-to-one voluntary, psychological counseling followed by actively participating in and successfully completing every available treatment program.  He formulated and co-facilitated an Alcohol Abuse Treatment Program from the ground up.  Also, he has remained rule infraction free throughout the entire time he has been incarcerated.  

He has become a certified paralegal and offers support by writing letters, helping with applications, listening to gripes and trying to find logical solutions.  Surely he can be of use to the United States Air Force/Veteran’s Administration.  

The applicant’s complete submission, with attachments, is at Exhibit A.  

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 26 August 1965.  

On 24 March 1969, the applicant pled not guilty at a General court-martial on two charges and four specifications of absent without proper authority, in violation of Article 86, of the Uniform Code of Military Justice (UCMJ); and one charge and one specification of escape from lawful confinement, in violation of Article 95, UCMJ.  He was sentenced to forfeitures of all pay and allowances, confinement at hard labor for five months and twenty-nine days, reduction to the grade of Airman Basic (AB), and a Dishonorable Discharge.  

On 28 August 1969, the applicant’s Dishonorable Discharge was executed.  He was credited with 6 months and 15 days of total active service.  

On 29 February 2016, AFPC/DP2LT determined the applicant’s DD Form 214 should reflect the following periods of lost time.  

a.	 24 January 1966 – 21 February 1966.  

b.	 22 February 1966 – 2 March 1966.  

c.	 3 March 1966 – 6 April 1966. 

d.	 23 May 1966 – 21 June 1966.  

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibit C.   

AIR FORCE EVALUATION:

AFPC/DP2LT recommends the applicant’s DD Form 214 reflect his lost time between the periods of January 1966 through June 1966.  After reviewing the applicant’s military personnel records it was determined that his DD Form 214 does not reflect all of his lost time.  He had 11 periods of lost time for a total of 3 years, 5 months, and 15 days during his 4 years of service.  He only had 6 months and 15 days of actual active (creditable days) duty during his tenure with the Air Force.  His DD Form 214, dated 28 August 1969 lists only 7 of the 11 periods of lost time.  

A complete copy of the AFPC/DP2LT evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He stated he would make a far more dedicated airman than he did over 50 years ago and if there is a way for him to serve he will be a most loyal member.  He had family members who served and he was a tremendous disappointment.  He would like his discharge to be upgraded from a Dishonorable Discharge and the time he spent on active duty to be corrected.  

Twenty-nine years ago he wrote a weekly outside newspaper column for several years about serving a lengthy prison term.  He wanted to possibly save a youngster from making choices, as well as, errors in judgement that would cause them to end up in prison.  

A complete copy of the applicant’s response is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We note this Board is without authority to reverse, set aside, or otherwise expunge a court-martial conviction.  Rather, in accordance with Title 10, United States Code, Section 1552(f), our actions are limited to corrections to the record to reflect actions taken by the reviewing officials and action on the sentence of the court-martial for the purpose of clemency.  We find no evidence which indicates the applicant’s service characterization, which had its basis in his court martial conviction and was a part of the sentence of the military court, was improper or that it exceeded the limitations set forth in the Uniform Code of Military Justice (UCMJ).  However, while noting the Board’s authority, we have considered the applicant’s overall quality of service, the court-martial conviction which precipitated the discharge, and the seriousness of the offenses to which convicted and it’s our belief that in the absence of any evidence related to the applicant’s post-service activities that would enable us to determine if his accomplishments since his discharge are sufficient to overcome the misconduct for which he was discharged.  Additionally, we found the applicant did not provide any evidence to substantiate his claim that his records should be corrected to document any additional active duty service.  Therefore, we find no basis upon which to favorably consider this application.  

4.  We note AFPC/DP2LT determined the applicant’s lost time between the periods of January 1966 through June 1966 should be annotated on his DD Form 214.  However, the Board will take no action in regards to this determination since the specified action can be administratively remedied.  

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material 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-2015-03108 in Executive Session on 2 June 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:  

	Exhibit A.  DD Form 149, dated 18 July 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2LT, dated 29 February 2016.
	Exhibit D.  Letter, AFBCMR, dated 11 March 2016.  
	Exhibit E.  Letter, Applicant, 16 March 2016.