RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02255
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge should be upgraded because he served his four years
in the Air Force and the Air Force was downsizing.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 12 Apr 53, the applicant contracted his enlistment in the
Regular Air Force.
On 11 Jun 57, the applicant was offered the opportunity for a
voluntary discharge. He signed the application for a voluntary
discharge, but withdrew it the following day.
On 5 Jul 57, the applicants commander recommended the applicant
undergo an administrative discharge board under the provisions of
Air Force Regulation (AFR) 39-17 for a determination of fitness
for continued military service.
On 15 Jul 57, the applicant was notified of his administrative
discharge board. On 17 Jul 57, he acknowledged receipt of the
notification and requested legal counsel.
On 19 Jul 57, the applicant underwent an administrative discharge
board hearing for unfitness. The applicant received two Article
15s and a Summary court-martial. His misconduct consisted of
missing a bed check, absenting himself from his appointed place
of duty, without proper authority operating a government vehicle,
and being involved in motor vehicle accident with a government
vehicle. The Board recommended the applicant be furnished an
undesirable discharge.
On 30 Aug 57, the discharge authority concurred with the findings
and recommendations of the discharge board and directed the
applicant be furnished an undesirable discharge.
On 7 Oct 57, he was discharged with an undesirable discharge and
credited with four years, five months, and one day of active
service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
On 1 Oct 12, a copy of the Investigative Report was forwarded to
the applicant along with a request for post-service documentation
for review and comment within 30 days (Exhibit D). In response,
the applicant provides an expanded statement, three character
references and certificates and awards he has received. His
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 an 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. In the interest of
justice, 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2012-02255 in Executive Session on 28 Feb 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 May 12.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, AFBCMR, dated 1 Oct 12, w/atch.
Exhibit E. Letter, Applicant, dated 27 Oct 12, atchs.
Panel Chair
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