RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02814
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable and his rank
be corrected to reflect the grade of airman first class (A/2C).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had inadequate defense which caused him to receive undue and
harsh punishment.
He got drunk one night and took a car from the motor pool and
ran it into a ditch. He was court-martialed for unauthorized
use of a military vehicle. He received six months in the
stockade and lost his rank of A/2C.
He received a special court-martial and believes it should have
been a summary court-martial. However, he thinks an Article 15, Record of Nonjudicial Punishment, and restriction to the base
for six months would have been more than a just punishment.
His first sergeant forced him and six others to sign for an
undesirable discharge. He believes depression has set in and he
had reached his breaking point; thereby causing him to agree to
an undesirable discharge.
He believes he would have stayed in the military until he was
retirement eligible, but he understands he was responsible for
his actions.
His wife is receiving hospice care and has been given three to
six months to live. They would like to be buried at their
nearby veterans cemetery with full honors.
In support of his request, the applicant provides copies of
personal statements, a questionnaire, photographs, letters, and
a birth certificate.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Available records reveal that the applicant entered the Regular
Air Force on 27 Sep 54 and was discharged on 14 Oct 58.
The applicants records were destroyed in the July 1973 fire at
the National Personnel Records Center.
Pursuant to the Boards request, the Federal Bureau of
Investigations states they were unable to identify an arrest
records on the basis of the information furnished.
_________________________________________________________________
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. Based on the
available evidence of record, it appears the discharge and the
applicants reduction in rank were 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 Docket Number
BC-2010-02814 in Executive Session on 14 October 2010, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit. DD Forms 149, undated, w/atchs, and 3 Aug 10,
w/atchs.
Panel Chair
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