RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03995
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. He did not realize that he could request his discharge be
upgraded. He had a house fire in 1965 that destroyed his
discharge papers along with his General Equivalency Diploma
(GED). After leaving the base, he stopped to get some groceries;
however, after he got home (2:00 a.m.) the police came to his
house and then took him to the police station. He was told that
he was involved with two girls and was being charged with rape.
He took a lie detector test and was told he passed the test.
Since being discharged from the Air Force, he has a clean
criminal record. He has worked for a trucking company and a car
dealer. He also worked for C&C Railroad as a brakeman and was
promoted to yard conductor.
2. In 1980, he had an accident and had surgery on his right knee.
He was out of work for 8 months, and then went back to work, but
in 1981, he reinjured his knee that required surgery. In 1982,
he was disqualified from working as a yard conductor due to his
injuries on his right knee. He has worked several other jobs
until he was eligible to retire and begin collecting social
security. His wife is in bad health and he stays home to care
for her.
In support of his request, the applicant provides a copy of his
DD Form 214, Armed Forces of the United States Report of Transfer
or Discharge.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 4 Dec 57.
On 9 Apr 59, the applicant was tried by special court-martial for
one charge of violation of the Uniform Code of Military Justice,
Article 121; the specification was for wrongfully taking a camera
from a fellow airman. He was found guilty of the specification
and was sentenced to be confined at hard labor for two months,
and to be reduced to the grade of airman basic.
The applicant was notified by his commander that he was
recommending him for discharge from the Air Force under the
provisions of AFR 39-22. The specific reasons for this action
were for being charged with statutory rape with a count contained
in the charge for indecent liberties upon the person of a minor
female child. The applicant pled guilty to the second count,
that of taking indecent liberties with a minor child, and was
found guilty. The charge of statutory rape was dismissed by the
court. He was sentenced to 18 months probation and to pay costs
of fifty dollars. The applicant received a UOTHC discharge on
23 Feb 61 after serving 3 years and 21 days on active duty.
On 9 Mar 12, a request for information pertaining to his post-
service activities was forwarded to the applicant for response
within 30 days. In response to our request, the applicant
provided post-service information, which is attached at Exhibit
E.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. On 9 Mar 12, a copy of the FBI report was
forwarded to the applicant for review and comment within 30 days.
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. After careful
consideration of the available evidence, we found no indication
the actions taken to effect his discharge were improper or
contrary to the provisions of the governing regulations in effect
at the time, or the actions taken against the applicant were
based on factors other than his own misconduct. In addition, in
view of the contents of the FBI Identification Record we are not
persuaded that the characterization of the applicants discharge
warrants an upgrade to honorable on the basis of clemency.
Having found no error or injustice with regard to the actions
that occurred while the applicant was a military member, we
conclude that no basis exists to grant favorable action on his
request.
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 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 AFBCMR Docket
Number BC-2011-03995 in Executive Session on 17 Apr 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Oct 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 9 Mar 12.
Exhibit E. Letter, Applicant, dated 23 Mar 12.
Panel Chair
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