RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00292 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

2. His last summary court martial be removed from his records. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His problems began when he volunteered to go to Taiwan. He and 
the First Sergeant had a strained relationship, which caused him 
to become depressed. 

 

After drinking one night in town, he became intoxicated and took 
a swing at a noncommissioned officer (NCO) assigned with the Air 
Police. He was arrested and written up on four charges, drunk 
and disorderly, conduct unbecoming an airman, assault on an NCO, 
and resisting arrest. He received a summary court martial. 

 

While serving his 30-day confinement he was assigned as a change 
of quarters (CQ) runner. One evening he was told to sign out a 
government vehicle and to pick up an airman downtown. While 
leaving the base he picked up three airmen waiting for the bus to 
go into town. He was stopped by the Air Police for breaking 
confinement. He received a summary court martial for breaking 
restriction, misappropriation of a government vehicle, speeding, 
and overloading a jeep. All the charges were dropped except for 
the breaking restriction. 

 

After serving his 30-days of confinement, he was informed he was 
being recommended for an undesirable discharge. 

 

He does not want an upgrade to receive veteran’s benefits or any 
other benefits. He is 71 years old, and has been married almost 
51 years, and would like it upgraded for his own personal 
reasons. 

 

In support of his request, the applicant provides a personal 
statement, copies of his DD Form 214, Report of Separation from 
the Armed Forces of the United States; DD Form 214, Armed Forces 
of the United States Report of Transfer or Discharge, a character 


letter, and a DD Form 293, Application for the Review of 
Discharge from the Armed Forces of the United States. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 28 Jan 57, the applicant enlisted in the Regular Air Force for 
a period of four years. He was progressively promoted to the 
grade of airman third class. 

 

On 10 Apr 58, the applicant was notified by his squadron 
commander that he was recommending his discharge from the Air 
Force for unfitness. On 20 Mar 58, the applicant was convicted 
by a summary court martial for breaking restriction and wrongful 
appropriation of government property. The punishment imposed was 
a reduction to the grade of airman basic, 30 days of hard labor, 
and forfeiture of $50.00 pay. On 27 Mar 58, the applicant was 
convicted by a summary court martial for reckless driving and 
breaking restriction. The punishment imposed was 30 days of hard 
labor and forfeiture of $40.00 pay. Other disciplinary 
punishment included four Article 15 Punishments for failure to 
repair, destruction of private property/drunk and disorderly, 
failure to repair, and a uniform violation. 

 

On 15 Apr 58, the applicant acknowledged receipt of the discharge 
notification, and of his right to consult with legal counsel, 
present evidence and call witnesses in his own behalf, and appear 
before a board of officers. After consulting with counsel, the 
applicant waived his right to appear before a board of officers, 
and to submit statements in his own behalf. He understood if his 
request for discharge was approved that his separation from the 
Air Force could be under conditions other than honorable and he 
could receive an undesirable discharge. 

 

The base legal office reviewed the case and found it legally 
sufficient to support separation. 

 

On 10 Jul 58, the discharge authority approved the separation and 
directed a UOTHC discharge. On 17 Sep 58, the applicant was 
discharged under the provisions of AFR 39-17, Discharge of Airmen 
Because of Unfitness, and received an undesirable discharge. He 
served a total of 2 years, 1 month, and 11 days of active duty 
service. 

 

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 1 Jun 11, a copy of the FBI report was forwarded to the 
applicant for review and comment within 30 days. At the same 
time, the AFBCMR staff offered the applicant an opportunity to 
provide information pertaining to his activities since leaving 
the service (Exhibit D). To date, a response has not been 
received. 

 

_________________________________________________________________ 

 

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 an 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 relating to his summary court martial. We note this 
Board is without authority to reverse, set aside, or otherwise 
expunge a court-martial conviction. Rather, in accordance with 
Title 10, United States Code, Section 1552(f), actions by this 
Board are limited to corrections to the record to reflect actions 
taken by the reviewing officials and action on the sentence of 
the court-martial for the purpose of clemency, and the applicant 
has provided no evidence to support this action. In addition, 
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. Should the 
applicant provide statements from community leaders and 
acquaintances attesting to the applicant’s good character and 
reputation and other evidence of successful post-service 
accomplishments we would be willing to reconsider his appeal. In 
the absence of such evidence, favorable action on his request is 
not warranted. Therefore, based on the available evidence, we 
find no basis upon which to favorably consider this application. 

 

_________________________________________________________________ 

 

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-2011-00292 in Executive Session on 21 Jul 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 21 Jan 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation, dated 4 Apr 11. 

 Exhibit D. Letter, SAF/MRBC, dated 1 Jun 11. 

 

 

 

 

 

 Panel Chair