RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05579
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Undesirable discharge be upgraded.
________________________________________________________________
APPLICANT CONTENDS THAT:
Due to the way he was treated by fellow Airmen and Officers, he
did not deserve a discharge. While in the Air Force, he was
sexually assaulted by a fellow airman on multiple occasions and
this led to his alcohol problems.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 24 Sep 54.
On 22 Jul 55, the applicants commander notified him that he was
recommending he appear before a discharge board to determine
whether or not he is unfit for further retention in the Air
Force. The reasons for the action included the applicant being
drunk on two occasions, causing a disturbance in the barracks,
and having to be forcibly carried to the hospital.
Additionally, he incurred a pass violation, was derelict in the
performance of his duties, and was drunk in quarters for which
he received three separate nonjudicial punishment (NJP) actions
under Article 15 of the Uniform Code of Military Justice (UCMJ).
On 22 Jul 55, he acknowledged receipt of the notification of
discharge and, after consulting with legal counsel, waived his
right to an administrative discharge board and right to submit a
statement in his own behalf.
On 17 Aug 55, the applicant was furnished an Undesirable
discharge and was credited with 10 months and 24 days of total
active service.
On 22 Aug 13, a request for post-service information was
forwarded to applicant for 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 applicants complete submission in judging the merits of
the case; however, we find no evidence of an error or injustice
that occurred in the discharge process. Based on the available
evidence of record, it appears the applicants Undesirable
discharge for being unfit for further retention was consistent
with the substantive requirements of the discharge regulation
and within the commanders discretionary authority. He has
provided no evidence which would lead us to believe the
characterization of his service was improper or contrary to the
provisions of the governing directive. In the interest of
justice, we considered upgrading the applicants discharge based
on clemency. However, in the absence of any evidence pertaining
to the applicants activities since leaving the service, we find
no basis to recommend granting the requested relief on that
basis. Therefore, in the absence of evidence to the contrary,
we conclude that no basis exists to upgrade the applicants
Undesirable discharge.
________________________________________________________________
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-2012-05579 in Executive Session on 7 Oct 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-05579 was considered:
Exhibit A. DD Form 149, dated 15 Nov 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 22 Aug 13, w/atch.
Panel Chair
3
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