RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02304 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

His undesirable discharge be upgraded to general (under 
honorable conditions). 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

He made a terrible mistake by taking leave and going into 
“absent without leave” (AWOL) status. Things kind of snowballed 
from there and because of the environment he grew up in, he was 
not taught how to hold back and be diplomatic. 

 

Whenever confronted, his first instincts were to fight. Upon 
his return from AWOL status, another airman would not leave him 
alone, and then he had a few choice words for the sergeant when 
he intervened. He was sent to the stockade; however, while 
there, he realized this was not a place for him, tough guy or 
not. He admitted to some trumped up charges that he was gay 
just to get out of there. He was not and has not ever been gay. 
He’s been married for 49 years and has children and grand-
children. He is now retired after being a positive contributing 
member of society for over 50 years. 

 

Times have changed and he believes his discharge should be 
upgraded. 

 

In support of his appeal, the applicant provides a copy of his 
DD Form 214, Report of Separation, issued in conjunction with 
his 4 June 1956 discharge. 

 

The applicant’s complete submission, with attachment, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 30 Jun 55 for 
a period of four years. 

 


On 1 Mar 56, the applicant was convicted by a Special Court-
Martial for being AWOL from 3 – 8 Jan 56; for use of provoking 
words towards other airmen and disrespectful language towards a 
sergeant. For these offenses he was sentenced to confinement at 
hard labor (CHL) for three months and forfeiture of $55.00 per 
month for a like period. 

 

The squadron commander initiated administrative discharge action 
against the applicant based on unfitness. The reason for the 
proposed action was that a narrative summary indicated a 
diagnosis of emotional instability reaction, chronic, severe, 
unimproved, not in remission, not treatable. The discharge 
authority directed discharge under the provisions of AFR 39-17. 

 

The applicant was discharged under the provisions of AFR 39-17, 
on 4 Jun 56, with service characterized as undesirable. He was 
credited with 8 months and 13 days of prior active service, 
including 82 days of lost time due to being AWOL and CHL. 

 

On 29 Nov 79, the applicant, with counsel, appeared before the 
Air Force Discharge Review Board (AFDRB); however, the AFDRB 
considered and denied the applicant’s request for an upgrade of 
his undesirable discharge. They concluded the discharge was 
equitable and proper (see AFDRB Hearing Record at Exhibit B). 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation, Clarksburg, West Virginia, provided an 
investigative report which is attached at Exhibit C. 

 

In his response, the applicant provides a summary of his 
activities/accomplishments since leaving the service, explains 
the circumstances surrounding the incidents listed in the FBI 
report, and believes he has suffered enough for the events which 
took place during his time in the service (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 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. We also find 
insufficient evidence to warrant a recommendation that the 
discharge be upgraded on the basis of clemency. In considering 
the applicant’s overall record of service, the FBI Report of 
Investigation, and including the letters of support and 
accomplishments since his discharge, we are not persuaded that 
an upgrade of the characterization of his discharge is 
warranted. 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 the evidence presented did not 
demonstrate the existence of material error or 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-2010-02304 in Executive Session on 15 March 2011, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 24 Jun 10, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation. 

 Exhibit D. Letter, AFBCMR, dated 31 Jan 11, w/atchs. 

 Exhibit E. Letter, Applicant, dated 7 Feb 11, w/atchs. 

 

 

 

 

 Panel Chair