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AF | BCMR | CY2009 | BC-2008-02502
Original file (BC-2008-02502.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02502
      INDEX CODE:  110.00
      COUNSEL:  NO
      HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was unjust because he was held in the stockade until he  would
sign a waiver accepting an undesirable discharge.

He was  charged  and  found  guilty  for  leaving  the  base  while  he  was
quarantined.  A summary Court-Martial sentenced him  to  serve  15  days  in
confinement.  He was also reduced in rank to airman basic and  sentenced  to
an additional 30 days hard labor.  At  the  end  of  his  sentence,  he  was
notified that he had two choices:

      1)  Sign a waiver accepting an undesirable  discharge  and  return  to
the states.

      2)  Appear before a board of appeals.

He did not want an undesirable discharge and  chose  to  appear  before  the
appeals board.

He was later told he would not meet the board for at least  six  months  and
unless he signed the waiver he would spend the next six months  waiting  for
the board in jail.  He was 22 years of age at the time  and  had  less  than
six months left on his four year tour.  He was reminded that  there  was  no
guarantee the appeal board would review his case in six months or even  vote
in his favor.  Regretfully, he signed the waiver.

He is now 72 years old.  He served his country for  almost  four  years  and
has many reasons to believe he earned the right to an honorable discharge.

In  support  of  his  application,  the  applicant  submits   his   personal
statement.  His complete submission, with attachment, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 20 Nov 56, he was tried and found guilty by  summary  court  martial  for
violating a lawful general regulation (illegal possession of whisky and  off
base without proper pass).  For this offense, he was reduced  to  the  grade
of Airman Third Class and ordered to forfeit $72.00.

On 6 Jul 57, he received non-judicial punishment under Article 15 for  being
absent from base after 2400 hours without permission.  For this offense,  he
was reduced to the grade of airman basic.

The following is a  resume  of  the  applicant’s  character  and  efficiency
ratings:

      CHARACTER  EFFICIENCY

1 Nov 54    Excellent  Excellent
1 Mar 55    Excellent  Excellent
23 Mar 55   Unknown    Unknown
16 Sep 55   Excellent  Excellent


He was discharged on 19 Sep 57 under AFR 39-17 and  issued  an  under  other
than honorable conditions (UOTHC) discharge.  He had served three years  and
eight months  on  active  duty.   He  had  46  days  of  lost  time  due  to
confinement.

In response to the Board’s request, the FBI indicated they  were  unable  to
identify with an arrest record pertaining to the applicant on the  basis  of
information furnished.

________________________________________________________________

APPLICANT'S RESPONSE TO REQUEST FOR POST-SERVICE INFORMATION:

On 24 Nov 08, the applicant was invited to submit information pertaining  to
his post-service accomplishments and activities (Exhibit C).  On 7  Dec  08,
aforementioned letter was returned undeliverable/unable to forward.

________________________________________________________________

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.   We  considered  upgrading  the  discharge  based  on  clemency;
however, we do not find the evidence presented is sufficient  to  compel  us
to recommend granting the relief sought on that basis.   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 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 this application in  Executive
Session on 14 January 2009, under the provisions of AFI 36-2603:

      Mr. Gregory A. Parker, Panel Chair
      Ms. Mary Jane Mitchell, Member
      Ms. Debra M. Czajkowski, Member

The following  documentary  evidence  was  considered  under  AFBCMR  Docket
Number BC-2008-02502:

      Exhibit A.  DD Form 149, dated 31 Jun 08 [sic], w/atch.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C   Letter, AFBCMR, dated 24 Nov 08.




                                  GREGORY A. PARKER
                                  Panel Chair

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