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AF | BCMR | CY2011 | BC-2011-02283
Original file (BC-2011-02283.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02283 

 COUNSEL: NOT INDICATED 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His general (under honorable conditions) discharge be upgraded 
to honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was discharged unfairly because of a conviction by a civilian 
court. 

 

He requested legal counsel from the Air Force and civilian 
court, but was denied. 

 

He was sentenced to 30 days in confinement and states the trial 
was unfair and the penalty excessive. 

 

He has led a productive life and is now retired from the King 
County Public Health Department where he served as an 
enforcement officer and received numerous awards. 

 

The applicant's complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 7 Apr 53, the applicant enlisted in the Regular Air Force. 

 

On 18 Mar 54, he was tried by summary court-martial for being 
absent without leave (AWOL) from 7 Mar 54 to 14 Mar 54. For 
this offense, he was ordered to perform 30 days hard labor and 
ordered to forfeit $2.77 pay per day for eight days. 

 

On 15 Jul 54, he was placed on a six month probation period for 
the following unacceptable behaviors: On Nov 53 he was charged 
with being rude and disorderly and was detained in the local 
jail and fined $5; on 30 May 54, he was arrested for being drunk 
and was detained in jail overnight; on 14 Jul 54 he was returned 
to station in a drunken condition and caused a fire which 
destroyed bedding and put other airmen at risk. 

 

In Mar 55, his commander notified him he was recommending his 
separation from the Air Force under the provisions of AFR 39-22, 


Discharge of Airmen for Misconduct Because of Civil Court 
Disposition. 

 

On 31 Mar 55, the applicant was discharged from the Air Force. 
His separation was characterized as undesirable. He served 
1 year, 10 months and 18 days of total active service. 

 

On 26 Sep 55 the Air Force Discharge Review Board (AFDRB) denied 
the applicant’s request for an upgrade of his discharge. A copy 
of the AFDRB hearing record is attached at Exhibit B. 

 

On 30 Aug 77, the Air Force Board for Correction of Military 
Records (AFBCMR) corrected his records to show that on 
31 Mar 54 he was discharged and issued a general (under 
honorable conditions) 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 31 Aug 11, 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 (Exhibit D), 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 in this 
application. 

 


4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved. Therefore, the request for a hearing is not favorably 
considered. 

 

________________________________________________________________ 

 

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 this application 
in Executive Session on 7 Feb 12, under the provisions of AFI 
36-2603: 

 

 , Panel Chair 

, Member 

 , Member 

 

The following documentary evidence was considered in AFBCMR BC-
2011-02283: 

 

 Exhibit A. DD Form 149, dated 27 Jun 11. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report, 23 Aug 11. 

 Exhibit D. Letter, AFBCMR, dated 31 Aug 11, w/atch. 

 

 

 

 

 Panel Chair 

 

 

 

 



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