RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01529
			COUNSEL:  NONE
		HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be 
upgraded to honorable.


APPLICANT CONTENDS THAT:

His military record is correct that he was found guilty of certain 
petty crimes during his service in the Air Force in 1968 and that 
he was Absent Without Official Leave (AWOL) and received 
confinement.  However, the record does not show that he was 
wrongfully and racially targeted for crimes he did not commit.  He 
was not discharged by order of a court-martial.

Because he is African American it is germane to his story.  In 
1968, he accidently entered the “white barracks” while inebriated.  
After doing so, he experienced intense and constant racially 
motivated hatred and bullying.  When he reported what was 
happening to his chain-of-command beginning with his First 
Sergeant, he was victimized with false accusations and fear 
tactics.  He feared for his life and ran.

No evidence was presented at his court-martial and he feels he was 
wrongly convicted based on manufactured and conjured statements 
and incidents.  He did not know his accuser and there is no way he 
could have stolen the $56.80 out of his locker because there was a 
guard on duty to prevent unauthorized entry into the barracks.  He 
believes the stolen white shorts and towel were planted because he 
would not wear them.  He was also accused of stealing a radio, 
which never happened nor was it found amongst his possessions.  

He resigned himself to the sentence imposed and when his discharge 
came, it was a relief to be away from the Air Force.  He requested 
records of the court-martial proceedings but none exist.  He knows 
he went AWOL in fear for his life, but he joined with honorable 
aspirations and served honorably because he did not steal 
anything.    

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 13 Mar 
68.

On 11 Oct 68, he was notified by his Commander that he was 
recommending him for an undesirable discharge resulting from the 
following:  
a.	On 13 Sep 68, the applicant admitted to fraudulently charging 
106 long distance telephone calls totaling $215.50, to 
fictitious numbers.

b.	On 12 Sep 68, the applicant pleaded guilty and was convicted 
by Special Court-martial for one specification of AWOL, three 
specifications for failure to go and one specification of 
larceny.

c.	On 2 Aug 68, he received an Article 15, Uniform Code of 
Military Justice (UCMJ) for stealing 3 pairs of white shorts, 
one white T-Shirt, one white towel, and one handkerchief, 
valued at less than $20.00, the property of another airman.  
He acknowledged receipt, did not demand a trial by court-
martial and did not submit a statement.

d.	On 7 Jun 68, he received an Article 15, UCMJ, for stealing a 
black transistor radio valued around $25.00 from a fellow 
airman.  He acknowledged receipt, did not demand a trial by 
court-martial and did not submit a statement.

He was appointed legal counsel, waived his right to a hearing 
before an administrative discharge board and did not submit any 
statements upon his own behalf.  
 
On 3 Dec 68, the applicant was discharged under the provisions of 
AFM 39-12, Separation for Unsuitability, Misconduct, Personal 
Abuse of Drugs; Resignation or Request for Discharge for the Good 
of the Service; and Procedures for the Rehabilitation Program, 
Chapter 2, Section B, Paragraph 2-15a, frequent discreditable 
involvement with military and civil authorities.  His service was 
characterized as UOTHC and he was issued an Undesirable Discharge 
Certificate.  He was credited with 4 months and 29 days of active 
service, excluding 58 days lost time due to being AWOL and in 
confinement.

On 28 April 14, a request for post-service information was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit C).  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, 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 to recommend granting relief on 
that basis.  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-2014-01529 in Executive Session on 21 Nov 14 under the 
provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01529 was considered:

	Exhibit A.  DD Form 149, dated 25 Mar 14, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Information Bulletin, not dated.  
	



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