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AF | BCMR | CY2011 | BC-2011-04837
Original file (BC-2011-04837.txt) Auto-classification: Denied
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 applicant’s 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 
commander’s 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 board’s 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 
applicant’s request to upgrade his discharge. 

 

Pursuant to the Board’s 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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