RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00935
COUNSEL:
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His character of discharge be upgraded from Undesirable to
General (Under Honorable Conditions).
APPLICANT CONTENDS THAT:
He was young, irresponsible, and an impulsive 17-year-old. He
was scared, reactive and suffering from Post-Traumatic Stress
Disorder (PTSD) from serving in a combat zone.
He served two of a three-year sentence and was released early
based on good behavior. The prison rescued him, helped him
rehabilitate, taught him a trade and was a positive experience.
The applicant has submitted four character letters for
consideration.
The failure to timely file the application should be waived,
according to his representative, because the applicant had in
all probability developed service-related PTSD stemming from his
combat tour in Korea.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 22 Jul
52.
On 16 Dec 52, the applicant was convicted by a Special Court-
Martial for violation of Article 121 and sentenced to
confinement at hard labor for four months and forfeiture of
$50.00 per month for four months.
On 25 Aug 53, the applicant was convicted by a Summary Court-
Martial for violation of Article 86 and sentenced to confinement
at hard labor for thirty days.
On 6 Oct 54, the medical authority concluded the applicant had
no disqualifying mental or physical defects sufficient to
warrant separation.
On 8 Oct 54, the applicants commander notified him of his
intent to recommend discharge under the provisions of AFR 39-17,
Chapter 3, paragraph 3a(3) and (4). The applicant declined to
submit statements in rebuttal to the action and the evaluation
office concurred with the recommended action. On 25 Oct 54, the
discharge authority approved the discharge.
On 15 Nov 54, the applicant was furnished an Undesirable
discharge, and was credited with 1 year, 10 months, and 20 days
of active service.
On 16 Aug 67, the Air Force Discharge Review Board (AFDRB)
considered and denied the applicants request for an upgrade of
his discharge to change the type or nation of discharge.
On 19 Aug 14, the Federal Bureau of Investigation
(FBI) indicated that a search of the fingerprints provided by
the applicant revealed no future arrests after 23 May 62.
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, to include his
rebuttal response, in judging the merits of the case; however,
we find 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 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,
we do not find the evidence presented is sufficient for us to
conclude that the applicants post-service activities overcome
the misconduct for which he was discharged. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought.
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-2014-00935 in Executive Session on 21 Nov 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bullet-Clemency.
Exhibit D. Federal Bureau of Investigation Report,
dated 20 Aug 14.
AF | BCMR | CY2005 | BC-2004-02764
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02764 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded. He was credited with 3 years, 7 months, and 4 days active service (excludes 197 days of lost time due to three periods of confinement). They also noted applicant did not...
AF | BCMR | CY2006 | BC-2006-01438
The board convened on 18 Mar 55 and recommended the applicant be discharged with an undesirable characterization for unfitness, and the discharge authority approved the discharge. A complete copy of the HQ AFPC/DPPRS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In a letter dated 8 Jun 06, the applicant indicates he began drinking when his squadron was transferred to Japan because they had too...
AF | BCMR | CY2003 | BC-2003-00146
In support of his request, the applicant submits personal statements and copies of her father’s DD Form 214 and Statement of Service. As of this date, no response has been received by this office (Exhibit E). After considering the evidence and testimony, the Board of Officers determined that the former member should be discharged with an undesirable discharge because of unfitness.
In support of his appeal, the applicant submitted a letter of character reference from his pastor and deacon board; a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States and his Air Force Discharge Review Board (AFDRB) Hearing record. Applicant’s complete submission is at Exhibit A. He also states that when he was discharged, he was told that in six months his discharge would be upgraded.
AF | BCMR | CY2003 | BC-2002-01298
He was credited with 1 year, 6 months and 6 days of active service (excludes 35 days lost time due to periods of AWOL and confinement). Although the applicant did not specifically request consideration based on clemency, we also find insufficient evidence to warrant a recommendation that the discharge be upgraded on that basis. Exhibit F. Letter, Applicant, dated 7 Oct 02, w/atchs.
AF | BCMR | CY2003 | BC-2003-00596
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00596 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to honorable. His sentence consisted of reduction to the grade of airman basic (AB/E-1), 30 days of confinement at hard labor and forfeiture of $30. On 8 Sep 59, the Air Force Discharge...
AF | BCMR | CY2002 | BC-2002-02854
The complete Air Force evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant provided a personal statement summarizing his accomplishments since leaving the service. Exhibit B. Exhibit F. Letter, Applicant, dated 25 Jan 03.
AF | BCMR | CY2002 | BC-2002-02109
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02109 INDEX CODE: 110.00 COUNSEL: AMERICAN LEGION HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to an honorable discharge. He had completed a total of 6 month and 11 days and was serving in the grade of airman basic (E-1) at the time of discharge. DPPRS indicated that the applicant...
AF | BCMR | CY2012 | BC-2012-03333
Prior to 14 Nov 52, the applicants records reflect the following four Uniform Code of Military Justice (UCMJ) violations on unspecified dates: 1. On 12 May 53, the Judge Advocate prepared a Petition for Grant of Review asking for a review of the conviction; however, at the time the applicant absented himself without authority. We find no evidence which indicates the applicants service characterization, which had its basis in his court-martial conviction and was a part of the sentence of...
On 13 Nov 52, applicant was convicted by Summary Court-Martial for being absent without leave (AWOL) from 30 Oct 52 until on or about 12 Nov 52. The Board recommended discharge from the service because of unfitness, with an undesirable discharge. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 9 Dec 1953, he was discharged with...