RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02552
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He never drank alcohol prior to joining the Air Force at the age of 17.
Everyone in his barracks drank alcohol as a regular pastime. He joined
them so he would not seem like an outsider, but did not handle his alcohol
well. One night, he drank at several bars with his friends. After he
returned to the barracks, he passed out and did not wake up to report on
time to his duty station. He sincerely regrets his behavior and believes
it resulted from his youth, inexperience with drinking alcohol and his
submission to peer pressure.
He was stationed in Hawaii and assigned duties as a B29 airplane mechanic.
He loved his job and proudly performed his duties. During his time in
service, he received the Air Force Outstanding Unit Award and was promoted
three months prior to his discharge.
At the time of his discharge, he was young and stupid and he regrets his
foolish mistake. He is 73 years of age (older and wiser) and would like
his records changed to reflect his true character and not an event that
occurred when he was 18 years of age.
In support of this application, the applicant submits his DD Form 214,
Armed Forces of the United States Report of Transfer or Discharge.
The applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 Jan 55, the applicant enlisted in the Regular Air Force in the grade
of airman basic.
On 13 Nov 57, the applicant’s commanding officer submitted a Request for
Board Action under the provisions of AFR 39-17, Unfitness. His reasons
were as follows:
1) On 13 Dec 56, the applicant received Article 15 action for
dereliction of duty. For this offense, he was restricted to base for 15
days.
2) On 14 Feb 57, in a Summary Court-Martial, he was found guilty of
breaking restriction. For this offense, he was reduced to the grade of
airman third class.
3) On 23 Oct 57, in a Summary Court-Martial, he was found guilty of
three specifications of failure to repair. For these offenses he was
reduced to the grade of airman basic and ordered to forfeit $50.00.
On 18 Nov 57, the applicant waived his right to a hearing before a board of
officers and requested discharge without benefit of board proceedings. He
acknowledged receipt of the discharge actions initiated against him and
that he may receive an undesirable discharge if his separation was
approved.
He was discharged on 31 Dec 57 and issued an Undesirable Discharge
Certificate.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an Investigative Report, which is at Exhibit C. On 20
Sep 10, a copy of the FBI report and a request for post-service information
was forwarded to the applicant for review and comment within 30 days, 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 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 BC-2010-02252 in Executive
Session on 9 Nov 10, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Jul 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 20 Sep 10.
Panel Chair
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