RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04261
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to general (under honorable conditions).
_________________________________________________________________
APPLICANT CONTENDS THAT:
There was no error or injustice with the processing of his 1960
discharge. He takes full responsibility for his actions. He
made a bad decision back then and it has caused him embarrassment
his whole life. He asked for clemency since he has led a
responsible life since his discharge.
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
entered active duty on 21 January 1959.
On 12 November 1959, the applicant was charged in civil court
with the offense of breaking and entering. He pled guilty before
the court and was sentenced to pay $100 court costs, make
restitution of $311.85, and placed on probation for two years and
six months.
On 9 December 1959, the applicant was notified of his commanders
intent to recommend him for discharge under the provisions of Air
Force Regulation (AFR) 39-32, paragraph 2, for housebreaking, in
violation of Article 130, Uniform Code of Military Justice
(UCMJ). The applicant consulted counsel, and waived his rights
to a hearing before a board of officers, and to submit statements
in his own behalf.
After the Staff Judge Advocate found the case to be legally
sufficient, the discharge authority approved the recommended
discharge and directed the applicant be furnished an undesirable
discharge certificate.
The applicant was discharged from active duty in the grade of
airman third class (E-2) effective 22 January 1960 with a UOTHC
discharge. He served ten months on active duty and had 62 days
lost time.
_________________________________________________________________
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. 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 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-2012-04261 in Executive Session on 18 June 2013, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-04261 was considered:
Exhibit A. DD Form 149, dated 9 Jun 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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