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 applicants 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 applicants 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 applicants post-
service activities, there is no way for us to determine if the
applicants 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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