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AF | BCMR | CY2012 | BC-2012-04575
Original file (BC-2012-04575.txt) Auto-classification: Denied
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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