RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04575
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He was told to come back and request an upgrade. He is a senior
citizen who is trying to qualify for low income housing.
The applicant does not provide any supporting documentation.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 17 Nov 53.
He was tried by a special court-martial for the following
reasons:
Violation of the Uniform Code of Military Justice, Article
92: For disobeying a lawful order.
Violation of the Uniform Code of Military Justice, Article
86: For leaving his appointed place of duty without proper
authority.
The applicant was confined at hard labor for six months;
forfeited $55.00 per month for six months. The sentenced was
adjudged on 11 Aug 54.
On 28 May 57, the Air Force Discharge Review Board (AFDRB)
reviewed his appeal to upgrade his discharge; however, there was
insufficient evidence submitted warranting a change in the type
or nature of his discharge.
________________________________________________________________
_
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 his service was contrary to the
provisions of the governing regulation, unduly harsh, or
disproportionate to the offenses committed. However, the Board
would like to point out that if the applicant were to provide
post-service information, they are willing to reconsider his
request to upgrade the discharge based on clemency. 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-2012-04575 in Executive Session on 18 Jun 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence for Docket Number BC-2012-04575
was considered:
Exhibit A. DD Form 149, dated 25 Apr 12.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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