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AF | BCMR | CY2013 | BC 2013 05869
Original file (BC 2013 05869.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2013-05869

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His under than honorable conditions (UOTHC) discharge be 
upgraded to honorable.


APPLICANT CONTENDS THAT:

It has been more than 50 years since his discharge and it is 
time he cleared his name.  He was wrongfully discharged based on 
false testimony and circumstantial evidence.

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


STATEMENT OF FACTS:

On 15 Sep 61, the applicant was notified by his commander of his 
intent to recommend his undesirable discharge.  The reason for 
the action was that on 11 Aug 61, the applicant uttered obscene 
words and/or made obscene gestures towards a minor female at the 
base bowling alley.  The discharge package contains an 
investigative report with several witness statements attesting 
to the applicant’s behavior. 

On 15 Sep 61, after consulting with legal counsel, the applicant 
acknowledged receipt of the action and waived his right to a 
hearing before a board of officers and elected not to submit 
statements in his own behalf.

On 20 Nov 61, the discharge authority directed the applicant be 
furnished an undesirable discharge and, on 27 Nov 61, the 
applicant was furnished a UOTHC discharge for unfitness, and 
credited with seven months and two days of total active service.

On 23 May 67, the Air Force Discharge Review Board (AFDRB) 
considered and denied the applicant's request for an upgrade of 
his discharge.  The AFDRB concluded that a change in the type or 
nature of the discharge was not warranted.
On 17 Oct 14, a request for post-service information was 
forwarded to the applicant for review and response 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 an error or injustice.  We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, the Board majority finds 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 the Board majority 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, 
in the absence of any evidence related to the applicant’s post-
service activities, there is no way for us to determine if the 
applicant’s accomplishments since leaving the service are 
sufficiently meritorious to overcome the misconduct for which he 
was discharged.  Therefore, in the absence of evidence to the 
contrary, the Board majority finds no basis to recommend 
granting the relief sought. 


RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or 
injustice and recommends the application be denied.
	

The following members of the Board considered AFBCMR Docket 
Number BC-2013-05869 in Executive Session on 18 Dec 14, under 
the provisions of AFI 36-2603:

	


A majority of the panel voted to deny relief.  voted to grant 
relief and has prepared a minority report, which is provided at 
Exhibit D.  The following documentary evidence pertaining to 
AFBCMR Docket Number BC-2013-05869 was considered:

	Exhibit A.  DD Form 149, dated 23 Aug 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, AFBCMR, dated 17 Oct 14.
Exhibit D.  Minority Report, dated 5 Jan 15.

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