RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-03108
INDEX CODE: 110.02
COUNSEL: None
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In support of his request, applicant provided a copy of his DD Form 214,
Armed Forces of the United States Report of Transfer or Discharge.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Air Force on 24 Feb 54 for a period of 4
years.
On 3 Jun 57, the applicant’s commander recommended the applicant be
required to appear before a board of officers convened under the provisions
of AFR 39-17, to determine whether he should be discharged from service
prior to the expiration of his current term of enlistment because of
unfitness.
The reasons for the action were as follows:
He was absent without leave (AWOL) from 8-25 Jun 54. For this
offense, he was confined to hard labor for 30 days and ordered to forfeit
$50.
On 27 Nov 56, he received an Article 15 for failure to go. For this
offense, he was reduced to the grade of airman second class.
On 11 Jan 57, he was tried and convicted by a civil court for
contributing to the delinquency of a minor.
On 26 Feb 57, he received an Article 15 for failure to go. For this
offense, he was reduced to the grade of airman third class.
The applicant was advised of his rights. He waived his right to a board
hearing and submitted his application for discharge.
On 13 Jun 57, the assistant Staff Judge Advocate recommended the
applicant’s application for discharge be accepted and that he be discharged
with an undesirable discharge.
He was discharged on 21 Jun 57. He served for a period of 3 years, 1
month, and 24 days.
_________________________________________________________________
APPLICANT’S RESPONSE TO REQUEST FOR POST-SERVICE AND FBI REPORT:
The applicant submits one character reference letter.
The complete response 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.
________________________________________________________________
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 19 February 2009, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Michele M. Rachie, Member
Mr. Garry G. Sauner, Member
The following documentary evidence was considered under AFBCMR Docket
Number BC-2008-03108:
Exhibit A. DD Form 149, dated 18 Aug 08, w/atch.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C FBI Report.
Exhibit D. Letter, AFBCMR, dated 6 Jan 09.
Exhibit E. Reference Letter, not dated.
CHARLENE M. BRADLEY
Panel Chair
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