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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