RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01353
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her fathers under other than honorable conditions discharge be
upgraded to honorable.
APPLICANT CONTENDS THAT:
Racial issues were at the front of every decision made at the
time. Her father was referred to as boy and not airman.
This injustice has had an impact on her fathers life and after
reading the documents, she was saddened that such in-human
treatment and discussions were allowed. She understands racism
was rampant at the time. Her dying father deserves to die with
honor and dignity knowing he served honorably.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 30 Sep 54, the applicants father enlisted in the Regular Air
Force as an airman basic.
On 27 Jun 57, he received an Article 15, Uniform Code of Military
Justice (UCMJ), for being drunk and disorderly in violation of
Article 134 of the UCMJ. He was reduced in rank to airman second
class, which he acknowledged the same day and did not appeal.
On 21 Feb 58, he received another Article 15, UCMJ for failing to
repair to his place of duty. He acknowledged receipt and did not
submit any statements on his own behalf. He was reduced to the
rank of airman third class, which he acknowledged indicating he
would not appeal.
According to Special Court-Martial Order Number 18, dated 23 Jan
59, he was found guilty of stealing a reproducer disc recorder
valued at more than $50.00 on or about 9 Aug 58, in violation of
Article 121, UCMJ. He was sentenced to a Bad Conduct Discharge
(BCD), forfeiture of $70.00 per month for four months and
confinement at hard labor for four months.
According to his DD Form 214, Armed Forces of the United States
Report of Transfer or Discharge, on 2 Feb 59, the applicant was
discharged under other than honorable conditions. He was credited
with 4 years, 1 month and 9 days of active service.
On 28 Apr 2014, a request for post-service information was
forwarded to the applicant for review and comment within 30 days.
As of this date, no response has been received by this office.
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, 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 characterization of the
applicants discharge based on clemency; however, after
considering his overall record of service, the infractions which
led to his administrative separation and the lack of post-service
information we are not persuaded that an upgrade is warranted.
Should the applicant provide additional documentation as noted in
the Clemency Information Bulletin, we may be willing to reconsider
her request. 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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-01353 was considered:
Exhibit A. DD Form 149, dated 26 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Clemency Information Bulletin, dated 28 Apr 14.
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