RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01684
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was 17 years old; his training instructor (TI) made sexual
advances toward him and made him do things he did not want to.
He feared for his safety and never reported it; he went absent
without leave (AWOL) and turned himself in a few months later.
For the last 54 years, he has lived with the shame of it all,
been married six times, has a very hard time keeping a
relationship, and cannot keep a long term job.
In support of his request, the applicant provides a DD Form 293, Application for the Review of Discharge from the Armed Forces of
the United States.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 9 Jan 57, the applicant enlisted in the Regular Air Force.
On 21 Mar 57, the applicant was tried by Special Court-Martial
for two specifications of being absent without leave, in
violation of Article 86, of the Uniform Code of Military Justice
(UCMJ) and one specification of wrongfully and without authority
wearing upon his uniform the insignia grade of an airman third
class, in violation of Article 134, UCMJ.
He pled guilty and was sentenced to confinement at hard labor
for six months and forfeiture of $55 pay per month for six
months. The sentence was adjudged on 9 May 57.
On 15 May 57, the convening authority approved only so much of
the sentence as provides for four months confinement at hard
labor and forfeiture of $55 pay per month for four months.
On 5 Jul 57, the group adjutant recommended the applicant be
discharged under the provisions of AR 39-17, Discharge of Airmen
Because of Unfitness. On 7 Jul 57, the applicant acknowledged
receipt of the notification of discharge action and waived his
right to a hearing by a board of officers and requested
discharge without the benefit of board proceedings. He
acknowledged his understanding that if his request was approved,
his separation from the Air Force may be under conditions other
than honorable and that he may receive an undesirable discharge.
Legal counsel was made available to the applicant and he
voluntarily requested discharge.
On 19 Aug 57, the applicant was discharged under the provisions
of AFR 39-17, and received an under other than honorable
conditions (undesirable) discharge. He was credited with
2 months and 21 days of active service (excludes 140 days of
lost time due to confinement).
On 28 May 58, 18 Dec 62 and 4 May 67, the Air Force Discharge
Review Board denied the applicants request for an upgrade of
his discharge.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
On 15 Sep 11, a copy of the FBI report was forwarded to the
applicant for review and comment within 30 days. At the same
time, the applicant was offered an opportunity to provide
information pertaining to his activities since leaving the
service (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 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 have considered
the applicants overall quality of service, the events which
precipitated the discharge, the lack of insufficient evidence
related to his post-service activities and accomplishments, and
therefore, we do not believe clemency is warranted. In view of
the above and 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-2011-01684 in Executive Session on 25 Oct 11, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Apr 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation, dated 29 Jul 11.
Exhibit D. SAF/MRBC, Letter, dated 16 Sep 11.
Panel Chair
On 21 Feb 57, the applicant was discharged from the Air Force in the grade of airman basic under the provisions of AFR 39-17 (Unfitness) with an undesirable discharge. AIR FORCE EVALUATION: The Military Personnel Management Specialist, AFPC/DPPRS, reviewed this application and indicated that the applicant did not identify any specific errors in the discharge proceedings nor provide facts warranting an upgrade of the discharge he received. Exhibit B.
AF | BCMR | CY2003 | BC-2003-00146
In support of his request, the applicant submits personal statements and copies of her father’s DD Form 214 and Statement of Service. As of this date, no response has been received by this office (Exhibit E). After considering the evidence and testimony, the Board of Officers determined that the former member should be discharged with an undesirable discharge because of unfitness.
AF | BCMR | CY2004 | BC-2004-02164
We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Exhibit D. Letter, AFPC/DPPRS, dated 30 Jul 04. Exhibit E. Letter, SAF/MRBR, dated 6 Aug 04.
AF | BCMR | CY2003 | BC-2002-02855
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02855 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general (under honorable conditions). On 10 Sep 57, the discharge authority approved the Discharge for Unfitness. Having found insufficient evidence of an error or injustice with regard to the...
Applicant’s complete response is attached at Exhibit F. On 17 Aug 01, a copy of the FBI report and a request to provide additional evidence pertaining to his post-service activities was sent to the applicant (Exhibit G). On 23 Aug 01, applicant provided a statement explaining his activities since leaving the service. Based on a review of the limited post- service evidence provided and in view of the contents of the FBI Identification Record, we are not persuaded that an upgrade of...
He pled not guilty to the specification and charge; however, he was found guilty and sentenced to be discharged with a bad conduct discharge, forfeiture of $50.00 per month for 12 months and confinement at hard labor for 12 months. The applicant’s subsequent requests for reconsideration of his application were denied by the Board on 10 Apr 02 and 13 Jun 02 respectively (Exhibit C). Exhibit A.
AF | BCMR | CY2005 | BC-2005-00723
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00723 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 3 SEP 2006 ___________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to honorable. They found the discharge was consistent with the procedural and substantive requirements of the discharge regulation. Exhibit B.
AF | BCMR | CY2004 | BC-2004-00278
Furthermore, in view of the repeated misconduct during his short period of service that resulted in his court-martial actions and subsequent discharge and the contents of the FBI Report of Investigation, we are not persuaded that an upgrade of the characterization of the applicant’s service on the basis of clemency is warranted. Therefore, based on the available evidence of record, the applicant’s request for upgrade of his discharge is not favorably considered. ...
AF | BCMR | CY2009 | BC-2008-02502
He was later told he would not meet the board for at least six months and unless he signed the waiver he would spend the next six months waiting for the board in jail. He was 22 years of age at the time and had less than six months left on his four year tour. ________________________________________________________________ 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...
AF | BCMR | CY2004 | BC-2004-00743
Based on the documentation in the applicant’s master personnel records, his discharge was consistent with the procedural and substantive requirements of the discharge regulation. Should he do so, it may provide the Board a basis to consider granting his request based on clemency. Exhibit D. Letter, SAF/MRBR, dated 2 Apr 04.