RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03197 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: Her under other than honorable conditions (UOTHC) discharge be upgraded to general. In addition, her Social Security Account Number (SSAN) be corrected. ________________________________________________________________ _ APPLICANT CONTENDS THAT: Her discharge characterization was part of a court action which should have been changed to a general discharge after six months. She gave an incorrect SSAN to her recruiter in March 1973 and would like it corrected. In support of her appeal, the applicant provides a personal statement and a copy of her SSAN card. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served on active duty from 21 March 1974 to 16 August 1974. She was promoted to the grade of airman first class (A1C) (E-3) effective 2 May 1974. On 4 June 1974, the applicant was notified of her commander’s intent to impose punishment upon her pursuant to Article 15, Uniform Code of Military Justice (UCMJ) for failure to go at the time prescribed to her appointed place of duty in violation of Article 86, UCMJ, on or about 28 May 1974, 29 May 1974, and 31 May 1974. The applicant acknowledged her commander’s intent, waived her rights to a court-martial, and waived her right to provide written matters in her own behalf. After the applicant provided an oral presentation to her commander in a closed session, and the Staff Judge Advocate found the case to be legally sufficient, the commander imposed punishment consisting of reduction to the grade of airman (E-2) and forfeiture of $50 pay. The portion of punishment which provided for reduction to the grade of airman was suspended until 7 December 1974, at which time it was remitted without further action. On 8 August 1974, after consulting counsel, the applicant submitted a request to her commander requesting discharge under the provisions of Air Force Manual 39-12, paragraph 2-78, for the good of the service. She indicated that she understood that her request may result in her receiving an undesirable discharge or under conditions other than honorable. On 14 August 1974, her commander recommended the applicant’s request for discharge be approved and that she be given an undesirable characterization of service. On 15 August 1974, the discharge authority approved the recommended discharge The applicant was discharged from active duty in the grade of A1C effective 16 August 1974 with an UOTHC discharge. She served 4 months and 26 days on active duty. On 8 August 2013, the applicant was notified by the Chief of Records Procedures (AFPC/DPSIRP), that her request to change her SSAN was not possible. DPSIRP indicated that Air Force Instruction 36-3208, Military Personnel Records Systems, permits changes for a former member if there is evidence the Air Force erroneously recorded the data in question. However, after a review of the applicant’s record, DPSIRP indicates that all of her personnel records revealed the SSAN that she presented at the time of her enlistment; therefore, her SSAN had not been erroneously recorded. As the applicant no longer has affiliation with the Air Force as a Reservist or a retiree, they are unable to amend her military record after the fact. ________________________________________________________________ _ 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. Additionally, due to the lack of evidence of a successful post-service adjustment, we do not find it would be in the interest of justice to upgrade her discharge on the basis of clemency. With regard to the applicant’s request for her SSAN to be corrected, we are in agreement with AFPC/DPSIRP that her SSAN was properly recorded and since the applicant no longer has any military affiliation an amendment to her military records after the fact is not possible. Therefore, based on the foregoing, the applicant’s requests are not favorably considered. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-03197 in Executive Session on 1 April 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2013-03197: Exhibit A. DD Form 149, dated 1 Jul 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIRP, dated 8 Aug 13, w/atch. Exhibit D. Letter, AFPC/MRBR, dated 15 Aug 13. Panel Chair 2 3 4