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AF | BCMR | CY2011 | BC-2011-02967
Original file (BC-2011-02967.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02967 

 COUNSEL: 

 HEARING DESIRED: YES 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His record should be corrected for the purpose of closure and 
national health. 

 

In support of his appeal, the applicant provides copies of a 
letter of appreciation and an assignment order. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
served on active duty from 28 September 1960 to 16 March 1962. 

 

On 30 January 1961, the applicant, while serving in the grade of 
airman third class (E-2), was found guilty by a summary court-
martial of wrongfully damaging, by striking with a hatchet, an 
automobile belonging to another airman in violation of Article 
109, Uniform Code of Military Justice (UCMJ). He received 
punishment consisting of forfeiture of $50 pay for one month. 

 

On 31 May 1961, the applicant received Article 15 punishment for 
failure to obey a lawful regulation. His punishment consisted of 
two hours extra duty per day for 14 days. 

 

On 11 July 1961, the applicant received Article 15 punishment for 
being a minor possessing alcohol in violation of Article 134, 
UCMJ. His punishment consisted of a reduction in grade to airman 
basic (E-1). 

 

On 6 October 1961, the applicant was found guilty by special 
court-martial for two specifications of theft in violation of 
Article 121, UCMJ. He received punishment consisting of three 


months of hard labor and forfeiture of $55.46 pay per month for 
three months. 

 

On 22 November 1961, the applicant was notified of his 
commander’s intent to recommend the applicant for an undesirable 
discharge for unfitness under the provisions of Air Force 
Regulation 39-17, paragraphs 4a and 4d. The applicant 
acknowledged receipt of his commander’s intent, waived his right 
to a hearing before a board of officers, and submitted a 
statement in his own behalf. After considering the applicant’s 
submission and a legal review finding the case to be legally 
sufficient, the discharge authority approved the recommended 
discharge and directed the applicant be discharged with an 
undesirable characterization of service. 

 

The applicant was discharged from active duty effective 16 March 
1962 with an under other than honorable conditions discharge. He 
served 1 year, 2 months, and 27 days on active duty. He had 82 
days of lost time due to confinement. 

 

On 29 July 1975, the Air Force Discharge Review Board (AFDRB) 
reviewed and denied the applicant’s request to upgrade his 
characterization of discharge to honorable. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI), Clarksburg, WV, provided a copy of an 
Investigation Report (Exhibit C). 

 

On 11 October 2011, the applicant was given an opportunity to 
submit comments about his post service activities and in response 
to the FBI Report (Exhibit D). The applicant responded by 
providing two character references. 

 

The applicant’s complete response, with attachments, is at 
Exhibit E. 

 

_________________________________________________________________ 

 

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 

 

________________________________________________________________ 

 

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-2011-02967 in Executive Session on 27 March 2012, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2011-02967: 

 

Exhibit A. DD Form 149, dated 4 Aug 11, w/atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. FBI Report. 

Exhibit D. Letter, AFBCMR, dated 11 Oct 11, w/atch. 

Exhibit E. Letter, Applicant, dated 9 Nov 11, w/atchs. 

 

 

 

 

Panel Chair 



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