RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02516
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to a general (under honorable
conditions) or an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He never received legal counsel during his discharge processing. He was
never informed that he did not have to sign documentation to accept his
discharge. He thought if he did not sign the paperwork he would be court-
martialed. He did not understand at the time what he was doing, because he
only had a fifth grade education.
In support of his request, the applicant provided a copy of his DD form
214, Armed Forces of the United States Report of Transfer or Discharge.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
It appears the applicant's military personnel records were destroyed by
fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis,
Missouri.
The document extracted from the reconstructed record indicates the
applicant enlisted in the Regular Air Force on 13 August 1952 for a period
of four years. He served as an Apprentice Munitions and Weapons
Maintenance Specialist.
On 17 July 1956, the applicant was discharged in the grade of airman basic
with an undesirable discharge, under the provisions of AFR 39-17
(Unfitness). He served 3 years, 8 months and 26 days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI),
Clarksburg, West Virginia, provided an arrest record which is at Exhibit C.
On 26 August 2008, a copy of the FBI Report of Investigation and a request
for information pertaining to his post-service activities was forwarded to
the applicant for review and response within 30 days (Exhibit D). The
applicant provided additional information which is 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. 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.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will materially
add to our understanding of the issues involved. Therefore, the request
for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or an 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-2008-
02516 in Executive Session on 9 October 2008, under the provisions of AFI
36-2603:
Mr. James W. Russell III, Panel Chair
Mrs. Lea Gallogly, Member
Mr. Gregory A. Parker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 June 2008, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, SAF/MRBC, dated 26 August 2008.
Exhibit E. Letter, Applicant, not dated, w/atchs.
JAMES W. RUSSELL III
Panel Chair
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