RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01353
			COUNSEL:  NONE
			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

Her father’s under other than honorable conditions discharge be 
upgraded to honorable.


APPLICANT CONTENDS THAT:

Racial issues were at the front of every decision made at the 
time.  Her father was referred to as “boy” and not “airman.”  

This injustice has had an impact on her father’s life and after 
reading the documents, she was saddened that such in-human 
treatment and discussions were allowed.  She understands racism 
was rampant at the time.  Her dying father deserves to die with 
honor and dignity knowing he served honorably.  

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


STATEMENT OF FACTS:

On 30 Sep 54, the applicant’s father enlisted in the Regular Air 
Force as an airman basic.

On 27 Jun 57, he received an Article 15, Uniform Code of Military 
Justice (UCMJ), for being drunk and disorderly in violation of 
Article 134 of the UCMJ.  He was reduced in rank to airman second 
class, which he acknowledged the same day and did not appeal.  

On 21 Feb 58, he received another Article 15, UCMJ for failing to 
repair to his place of duty.  He acknowledged receipt and did not 
submit any statements on his own behalf.  He was reduced to the 
rank of airman third class, which he acknowledged indicating he 
would not appeal.

According to Special Court-Martial Order Number 18, dated 23 Jan 
59, he was found guilty of stealing a reproducer disc recorder 
valued at more than $50.00 on or about 9 Aug 58, in violation of 
Article 121, UCMJ.  He was sentenced to a Bad Conduct Discharge 
(BCD), forfeiture of $70.00 per month for four months and 
confinement at hard labor for four months.  

According to his DD Form 214, Armed Forces of the United States 
Report of Transfer or Discharge, on 2 Feb 59, the applicant was 
discharged under other than honorable conditions.  He was credited 
with 4 years, 1 month and 9 days of active service.   

On 28 Apr 2014, a request for post-service information was 
forwarded to the applicant for review and comment within 30 days.  
As of this date, no response has been received by this office.


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 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 characterization of the 
applicant’s discharge based on clemency; however, after 
considering his overall record of service, the infractions which 
led to his administrative separation and the lack of post-service 
information we are not persuaded that an upgrade is warranted.  
Should the applicant provide additional documentation as noted in 
the Clemency Information Bulletin, we may be willing to reconsider 
her request.  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 documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01353 was considered:

	Exhibit A.  DD Form 149, dated 26 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Clemency Information Bulletin, dated 28 Apr 14.