RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00571
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant provided no contentions.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Report of Transfer or Discharge, issued in
conjunction with his 26 Jun 59 release from active duty.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Prior to the events under review, the applicant was honorably
released from active duty and transferred to the Air Force
Reserve, on 26 Jun 59, by reason of hardship dependency. He
was credited with 2 years, 3 months, and 13 days of active duty
service.
On 14 Dec 61, the applicant was found guilty by the Circuit
Court of Montgomery County, Maryland, for forgery.
On 6 Mar 62, the commander notified the applicant of the
administrative discharge board (ADB) hearing. The applicant
waived his rights to a board hearing and to submit statements in
his own behalf. The staff judge advocate reviewed the board
proceedings and found them legally sufficient and the discharge
authority approved an undesirable (UOTHC) discharge.
On 29 May 62, the applicant was discharged from enlisted status
as Reserve of the Air Force, with service characterized as under
other than honorable conditions.
The applicant summarized his accomplishments since leaving the
service and explained the circumstances which led to his
discharge. He has regretted this action for more than 50 years
and would like his character of service upgraded to honorable
(Exhibit D).
________________________________________________________________
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. The applicant
provided a personal statement in support of his appeal to have
his discharge upgraded based on clemency; however, considering
his overall record of service, the seriousness of the offenses
which led to his administrative separation, and the limited
post-service information, 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 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-2011-00571 in Executive Session on 13 October 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Feb 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 21 Apr 09, w/atchs.
Exhibit D. Letter, Applicant, 9 Sep 11, w/atchs.
Panel Chair
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