RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05234
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was arrested by the Georgia police and was never provided
legal counsel from the Air Force. He was assigned a public
defender who advised him to plead guilty and be at the mercy of
the court.
The Board should consider his untimely application in the
interest of justice because he is 75 years old and has never
been in trouble since.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Per the National Archives and Records Administration (NARA), the
applicants reconstructed records are checked out and
unavailable.
At the time of the applicants discharge, AFR 39-17, Unfitness,
paragraph 8, stated that when discharged because of unfitness,
an undesirable discharge will be furnished. However, in 1959,
AFR 39-17 was changed to state that 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.
Pursuant to the Boards request, on 28 Jan 14 the Air Force
Office of Special Investigation (AFOSI) confirmed a criminal
history investigation does exist.
?
On 4 Sep 14, the applicant was provided with an opportunity to
submit information pertaining to his activities since leaving
the service (Exhibit B). As of this date, this office has not
received a response.
________________________________________________________________
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. 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 based on clemency; however,
there was no evidence submitted to compel us to recommend
granting the relief sought on that basis. 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
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 Docket Number BC-
2013-05234 in Executive Session 12 Nov 14, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following pertinent documentary evidence in AFBCMR Docket
Number BC-2013-05234 was considered:
Exhibit A. DD Form 149, dated 1 Nov 13, w/atchs.
Exhibit B. Letter, AFBCMR, dated 4 Sep 14, w/atch.
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