RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00868
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable (other than honorable conditions) (OTHC)
discharge be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He is ashamed of having a less than honorable discharge and is
now ashamed of what he did. He was young and dumb; and now
realizes he was just too young to accept the kind of
responsibility he faced while in the military.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 10 Apr 56 for
a period of four years.
The applicant was convicted by a Summary Court-Martial, on
17 Aug 56, for being absent without leave (AWOL), from 27 Jul
3 Aug 56. His punishment consisted of forfeiture of $50.00 and
restriction to the squadron area for 30 days.
The applicant was evaluated by mental health and diagnosed with
Asocial (amoral) personality or unusual and extreme degree.
They noted the applicant was reared in an asocial environment
and is a professional gangster. He was arrested five times and
was on probation two times.
He was convicted by a Summary Court-Martial, on 7 Sep 56, for
breaking restriction. His punishment consisted of confinement
with hard labor (CHL) for 30 days and forfeiture of $50.00.
The staff judge advocate found the case file legally sufficient
and recommended the applicant receive an undesirable discharge
under the provisions of AFR 39-17.
The applicant was discharged under the provisions of AFM 39-10,
on 8 Oct 56, with service characterized as other than honorable
conditions. He was credited with 4 months and 17 days of active
duty service, excluding 42 days of lost time for being AWOL and
CHL.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, provided an
investigative report which is attached at Exhibit C.
On 4 Nov 10, a copy of the FBI report was forwarded to the
applicant for comment. At that time, he was also invited to
provide additional evidence pertaining to his activities since
leaving the service (Exhibit D). The applicants case was
considered by the Board on 2 Dec 10, but held in abeyance
pending his response to the evaluation. However, as of this
date, no response has been received by this office.
________________________________________________________________
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 during the discharge process. 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. Therefore,
considering his overall record of service, the FBI Report of
Investigation, and the lack of post service information since
his discharge, we are not persuaded that an upgrade of the
characterization of his discharge is warranted. In view of the
above and 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 AFBCMR Docket
Number BC-2010-00868 in Executive Session on 2 December 2010,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Mar 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFBCMR, dated 4 Nov 10, w/atchs.
Panel Chair
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