RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01555
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His undesirable discharge be changed to honorable.
APPLICANT CONTENDS THAT:
He and two other veterans got into a fight with three civilians
and he was arrested by the city police. He was in jail for
60 days before being able to return to base at which point he was
told he was being discharged.
He did not want to be discharged and indicates he would not have
left the service but because of his young age, he did not think
about it. He really did not know how much it would mean to not
have an honorable discharge.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 27 Apr
51.
On 4 Nov 52, he was tried by a special court-martial for violating
Article 121, Uniform Code of Military Justice with specifications
that he wrongfully appropriated a sweater valued at about
$4.00 and a wrist watch valued at about $65.00, both the property
of another airman. He pled not guilty and was found not guilty
of the charges.
On 5 Dec 52, the flight surgeon received a request to conduct a
mental and physical evaluation for the applicant because he had
been confined to the county penitentiary from 14 Jul 52 thru
12 Oct 52 for third degree assault for which he pled guilty on
1 Jul 52 after hitting and stabbing another man.
On 26 Feb 54, the provost marshal was notified the applicant had
been indicted on 24 Jul 53 on five counts of violating the Public
Health Law. On 28 Oct 53, he pled guilty to two felony counts of
the indictment for giving another adult a narcotic drug.
On 11 Mar 54, his commander requested he be separated from the Air
Force under the provisions of AFR 39-22, Paragraph 5, Enlisted
Personnel: Disposition of Airmen Convicted by Civil Court.
On 29 Mar 54, the applicant received an undesirable discharge, and
was credited with 1 year, 9 months, and 2 days of active service.
On 28 Apr 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-2014-01555 in Executive Session on 21 Nov 14 under the
provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-01555 was considered:
Exhibit A. DD Form 149, dated 7 Apr 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin, not dated.
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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