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AF | BCMR | CY2013 | BC 2013 02411
Original file (BC 2013 02411.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-02411

	 		COUNSEL:  NONE

			HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

Undesirable is not dishonorable.  He deserves to go before the 
Board.

In support of his appeal, the applicant provides a DD Form 293, 
Application for the Review of Discharge from the United States 
Armed Forces of the United States, correspondence from the 
Department of Veterans Affairs and his DD form 214, Report of 
Separation from the Armed Forces of the United States.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 5 January 
1951. By application, the applicant acknowledged his commander’s 
intent to discharge him, the option to have his case heard 
before a board of officers, his right to counsel and the right 
to submit statements and call witness on his behalf.  He waived 
his right to a hearing before an administrative discharge board.  
He was discharged on 12 June 1954. 

On 1 August 1961, the Air Force Discharge Review Board denied 
the applicant’s request to upgrade his discharge from 
undesirable to honorable.  

The applicant responded to a request for post-service 
information and stated that he now has Alzheimer’s disease and 
cannot remember why he received an undesirable discharge.  He 
also informs the Board that he has been an active member of the 
church and has worked since his separation.  He has been married 
and divorced and now lives with his son and his wife.  

The applicant’s complete response, with attachments, is at 
Exhibit D.

Examiner’s Note: The applicant has not shown the 
characterization of his discharge was contrary to the provisions 
of AFR 39-17A (unfitness) (extract copy of applicable portion 
attached as Exhibit E).  Nor has he shown the nature of the 
discharge was unduly harsh or disproportionate to the offenses 
committed.  At the time of the applicant’s discharge, AFR 39-
17A, paragraph 8, stated that when discharged because of 
unfitness, an Undesirable Discharge (UD) will be furnished.  
However, in 1959, AFR 39-17 was changed to state that when an 
airman discharged under this regulation should be furnished an 
undesirable discharge, unless the particular circumstances in a 
given case warrants a general or honorable discharge.  Criteria 
for the issuance of an undesirable, general, or honorable 
discharge is outlined in paragraph 9, AFR 39-10 (See Exhibit F).  
Notwithstanding the absence of error or injustice, the Board has 
the prerogative to grant relief on the basis of clemency if so 
inclined.

Attached at Exhibit G is a memorandum prepared by the Air Force 
Review Boards Agency Legal Advisor addressing the issue of 
characterization of service and how standards have changed since 
1959.

________________________________________________________________

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 during the discharge process.  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, or unduly harsh.  In the 
interest of justice, we considered upgrading the applicant’s 
discharge on the basis of clemency; however, we found the 
evidence submitted insufficient to compel us to recommend 
granting the request on that basis.  Therefore, in the absence 
of evidence to the contrary, we find no basis upon which to 
recommend granting the relief sought.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

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-2013-02411 in Executive Session on 18 February 2014, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 May 13, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, SAF/MRBC, dated 7 Jan 13.
    Exhibit D.  Letter, Applicant’s Response, undated, w/atchs.
    Exhibit E.  AFR 39-17A, Enlisted Personnel.
    Exhibit F.  AFR 39-10 Excerpt.
    Exhibit G.  Letter, SAF/MRB Legal Advisor Opinion.




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