RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02304 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general (under honorable conditions). ________________________________________________________________ THE APPLICANT CONTENDS THAT: He made a terrible mistake by taking leave and going into “absent without leave” (AWOL) status. Things kind of snowballed from there and because of the environment he grew up in, he was not taught how to hold back and be diplomatic. Whenever confronted, his first instincts were to fight. Upon his return from AWOL status, another airman would not leave him alone, and then he had a few choice words for the sergeant when he intervened. He was sent to the stockade; however, while there, he realized this was not a place for him, tough guy or not. He admitted to some trumped up charges that he was gay just to get out of there. He was not and has not ever been gay. He’s been married for 49 years and has children and grand- children. He is now retired after being a positive contributing member of society for over 50 years. Times have changed and he believes his discharge should be upgraded. In support of his appeal, the applicant provides a copy of his DD Form 214, Report of Separation, issued in conjunction with his 4 June 1956 discharge. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 30 Jun 55 for a period of four years. On 1 Mar 56, the applicant was convicted by a Special Court- Martial for being AWOL from 3 – 8 Jan 56; for use of provoking words towards other airmen and disrespectful language towards a sergeant. For these offenses he was sentenced to confinement at hard labor (CHL) for three months and forfeiture of $55.00 per month for a like period. The squadron commander initiated administrative discharge action against the applicant based on unfitness. The reason for the proposed action was that a narrative summary indicated a diagnosis of emotional instability reaction, chronic, severe, unimproved, not in remission, not treatable. The discharge authority directed discharge under the provisions of AFR 39-17. The applicant was discharged under the provisions of AFR 39-17, on 4 Jun 56, with service characterized as undesirable. He was credited with 8 months and 13 days of prior active service, including 82 days of lost time due to being AWOL and CHL. On 29 Nov 79, the applicant, with counsel, appeared before the Air Force Discharge Review Board (AFDRB); however, the AFDRB considered and denied the applicant’s request for an upgrade of his undesirable discharge. They concluded the discharge was equitable and proper (see AFDRB Hearing Record at Exhibit B). Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C. In his response, the applicant provides a summary of his activities/accomplishments since leaving the service, explains the circumstances surrounding the incidents listed in the FBI report, and believes he has suffered enough for the events which took place during his time in the service (Exhibit E). ________________________________________________________________ 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 during the discharge process. 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. We also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency. In considering the applicant’s overall record of service, the FBI Report of Investigation, and including the letters of support and accomplishments since his discharge, we are not persuaded that an upgrade of the characterization of his discharge is warranted. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. ________________________________________________________________ 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-2010-02304 in Executive Session on 15 March 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Jun 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report of Investigation. Exhibit D. Letter, AFBCMR, dated 31 Jan 11, w/atchs. Exhibit E. Letter, Applicant, dated 7 Feb 11, w/atchs. Panel Chair