RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00420
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
______________________________________________________________
APPLICANT REQUESTS THAT:
His character of service be upgraded from other than honorable conditions.
________________________________________________________________
APPLICANT CONTENDS THAT:
He served four years and received an honorable discharge. After he
reenlisted his life was threatened. He requested a transfer; however, his
commanding officer, first sergeant, and chaplain did not assist him with
the transfer. Since his discharge he has been married for 45 years and
been a church pastor 40 years. He had bypass heart surgery and currently
uses oxygen. He would like to revenge his discharge before he dies. He
was on the mission field in the 1980s when many discharges were changed.
In support of his request, the applicant submitted a copy of his DD Form
214, Certificate of Release or Discharge from Active Duty.
His complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 12 October 1955. On 8
July 1960, he was notified by his commander that he was recommending his
discharge from the Air Force under the provisions of AFR 39-17, Enlisted
Personnel, Discharge-Unfitness. The specific reasons for this action were
on 4 April 1960, he was convicted by a special court-martial for being
absent without leave (AWOL) from 1 March 1960 to 15 March 1960. On 19 May
1960, he received a summary court-martial for being AWOL from 11 May 1960
to 12 May 1960. On 20 June 1960, he was charged with drinking in the
public and disorderly conduct by civil authorities. He was found guilty
and sentenced to pay $11.50.
On 2 September 1960, he was discharged in the grade of airman basic. He
served a total of 4 years, 7 months and 19 days on active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 5 March 2008, that, on the basis of data
furnished, they are unable to locate an arrest record (Exhibit C).
On 13 March 2008, a request for information pertaining to his post-service
activities was forwarded to the applicant for response within 30 days. In
response to our request, applicant provided documentation, which is
attached at 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. The Board finds no impropriety in the characterization of applicant's
discharge. It appears that responsible officials applied appropriate
standards in effecting the separation, and we do not find persuasive
evidence that pertinent regulations were violated or that applicant was not
afforded all the rights to which entitled at the time of discharge. The
applicant has not shown the characterization of the discharge was contrary
to the provisions of the governing regulation, nor has it been shown the
nature of the discharge was unduly harsh or disproportionate to the
offenses committed. Considered alone, we conclude the discharge
proceedings were proper and characterization of the discharge was
appropriate to the existing circumstances. We considered upgrading the
discharge based on clemency; however, we do not find that the evidence
presented is sufficient to compel us to recommend granting the relief
sought on that basis. In the absence of persuasive evidence to the
contrary, we find no basis upon which to favorably consider this
application.
________________________________________________________________
THE BOARD RECOMMENDS:
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-2008-
00420 in Executive Session on 8 April 2008, under the provisions of AFI 36-
2603:
Ms. Rita S. Looney, Panel Chair
Ms. Karen A. Holloman, Member
Mr. Garry G. Sauner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Negative Reply, dated 28 February 2008.
Exhibit D. Letter, AFBCMR, dated 13 March 2008.
Exhibit E. Letter, Applicant, dated 7 April 2008 w/atch.
RITA S. LOONEY
Panel Chair
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