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 applicants 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 Boards 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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