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AF | BCMR | CY2012 | BC-2012-04404
Original file (BC-2012-04404.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04404 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His “undesirable” discharge be upgraded to Honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was very young and did not understand the reason for his 
discharge, as he was separated from his wife at the time of the 
incident. He appealed to the Discharge Review Board in 1955 
because he wanted to reenlist. Now he is applying because he 
wants to be able to say he is an honorably discharged veteran. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant initially entered the Regular Air Force on 
11 Jun 53. 

 

On 7 Nov 53, the applicant received non-judicial punishment 
under Article 15 of the Uniform Code of Military Justice (UCMJ) 
for being Absent Without Leave (AWOL) from 7 Nov 53 to 9 Nov 53. 

 

On 22 Nov 53, the applicant received an Article 15 for “failure 
to repair” from 0745 to 1500 hours. 

 

On 14 Jun 54, the applicant was convicted in a civilian court of 
the charge of adultery for having sexual relations with 
a 16 year old girl, who was not his wife. He was sentenced to 
nine months in jail (suspended) and was placed on probation for 
one year. 

 

On 16 Jun 54, the applicant received an Article 15 for “failure 
to repair.” 

 

 


On 23 Jun 54, the applicant’s commander recommended him for 
discharge based upon his conviction in civilian court. 

 

On 9 Jul 54, the applicant was discharged under the provisions 
of AFR 39-22 (Conviction by civilian court) and furnished an 
undesirable discharge certificate. 

 

On 14 Mar 55, the Air Force Discharge Review Board considered 
the applicant’s request to upgrade his discharge to honorable 
and determined he had submitted insufficient evidence to warrant 
an upgrade. 

 

On 11 Jan 13, a request for post-service information was 
forwarded to the applicant for review and comment within 
30 days. As of this date, no response has been received by this 
office (Exhibit C). 

 

________________________________________________________________ 

 

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 on the basis of 
clemency; however, in the absence of any information related to 
his activities since leaving the service, we are not persuaded 
that it would be in the interest of justice to recommend 
granting the relief sought on that basis. Therefore, in the 
absence of evidence to the contrary, we conclude that no basis 
exists to grant the relief sought in this application. 

 

________________________________________________________________ 

 

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-2012-04404 in Executive Session on 4 Jun 13, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 19 Sep 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, SAF/MRBC, dated 7 May 13, w/atch. 

 

 

 

 

 

 Panel Chair 



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