RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04837
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He has not been an undesirable person. He has had some minor
infractions but these were not willful and were dealt with by
his company. For the past 50 years, he has lived an honorable
life with his wife and daughter. He owns a home and has been a
valuable member of society. Based on these facts, he requests
his discharge be upgraded to honorable.
In support of his request, the applicant provides a personal
statement, character letters, training certificates and
documentation from his master personnel record.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 3 December
1954. On 17 February 1958 the applicant was notified of his
commanders intent to discharge him from the Air Force under
regulation 39-17, Unfitness. Specifically, the applicant was
tried before a Summary Court for being absent without leave
(AWOL) and reporting with a dirty uniform; he received an
Article 15 and was reduced in rank prior to returning to the
base from being AWOL; he received a civilian traffic ticket for
running a red light; he was involved in a civilian altercation;
he was counseled for uniform infractions and he was also found
with beer in his car and received an Article 15. He was notified
he was entitled to a hearing before a board of officers. The
applicant refused to sign the notification receipt; however, he
later acknowledged receipt of the board hearing, elected counsel
be made available and elected to call witnesses on his behalf.
On 18 March 1958, the Board recommended the applicant be
discharged from the Air Force for unfitness. They further
recommended he be furnished an undesirable discharge. The Staff
Judge Advocate found the evidence legally sufficient to support
the boards recommendation. On 24 March, the commander approved
the recommendation of the board.
The applicant was separated on 1 April 1958. His character of
service was listed as under other than honorable conditions and
he was credited with 3 years, 3 months and 1 day of active duty
service.
On 13 June 1961 the Air Force Discharge Review Board denied the
applicants request to upgrade his discharge.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, West Virginia provided a copy of an
investigation report (Exhibit C).
On 6 September 2012, the FBI investigation and a request for
post-service information were forwarded to the applicant for
response within 30 days. As of this date, no response has been
received by this office (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 during the discharge process. 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, or unduly harsh.
Additionally, due to the lack of evidence of a successful post-
service adjustment and in view of the information contained in
the FBI investigative report, we do not find it would be in the
interest of justice to upgrade his discharge on the basis of
clemency. Therefore, in the absence of evidence to the
contrary, we find no basis upon which to recommend granting the
relief sought.
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 issues 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-2011-04837 in Executive Session on 1 November 2012,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Dec 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, SAF/MRBC, dated 6 Sep 12.
Panel Chair
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