RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00935

					COUNSEL:  

		HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His character of discharge be upgraded from Undesirable to 
General (Under Honorable Conditions).


APPLICANT CONTENDS THAT:

He was young, irresponsible, and an impulsive 17-year-old.  He 
was scared, reactive and suffering from Post-Traumatic Stress 
Disorder (PTSD) from serving in a combat zone. 

He served two of a three-year sentence and was released early 
based on good behavior.  The prison rescued him, helped him 
rehabilitate, taught him a trade and was a positive experience.  

The applicant has submitted four character letters for 
consideration.

The failure to timely file the application should be waived, 
according to his representative, because the applicant had in 
all probability developed service-related PTSD stemming from his 
combat tour in Korea.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 22 Jul 
52.

On 16 Dec 52, the applicant was convicted by a Special Court-
Martial for violation of Article 121 and sentenced to 
confinement at hard labor for four months and forfeiture of 
$50.00 per month for four months.

On 25 Aug 53, the applicant was convicted by a Summary Court-
Martial for violation of Article 86 and sentenced to confinement 
at hard labor for thirty days.

On 6 Oct 54, the medical authority concluded the applicant had 
no disqualifying mental or physical defects sufficient to 
warrant separation.

On 8 Oct 54, the applicant’s commander notified him of his 
intent to recommend discharge under the provisions of AFR 39-17, 
Chapter 3, paragraph 3a(3) and (4).  The applicant declined to 
submit statements in rebuttal to the action and the evaluation 
office concurred with the recommended action.  On 25 Oct 54, the 
discharge authority approved the discharge.

On 15 Nov 54, the applicant was furnished an Undesirable 
discharge, and was credited with 1 year, 10 months, and 20 days 
of active service.   

On 16 Aug 67, the Air Force Discharge Review Board (AFDRB) 
considered and denied the applicant’s request for an upgrade of 
his discharge to change the type or nation of discharge.    

On 19 Aug 14, the Federal Bureau of Investigation 
(FBI) indicated that a search of the fingerprints provided by 
the applicant revealed no future arrests after 23 May 62.


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 an error or injustice.  We took 
notice of the applicant's complete submission, to include his 
rebuttal response, 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.  In the interest of justice, we 
considered upgrading the discharge based on clemency; however, 
we do not find the evidence presented is sufficient for us to 
conclude that the applicant’s post-service activities overcome 
the misconduct for which he was discharged.  Therefore, in the 
absence of evidence to the contrary, we find no basis 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-2014-00935 in Executive Session on 21 Nov 14 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 28 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Information Bullet-Clemency.
Exhibit D.  Federal Bureau of Investigation Report, 
	          dated 20 Aug 14.