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AF | BCMR | CY2014 | BC 2014 01649
Original file (BC 2014 01649.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01649

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be 
upgraded to general (under honorable conditions).  


APPLICANT CONTENDS THAT:

He was told by his commanding officer that in the future he 
would be able to upgrade his discharge to a general (under 
honorable conditions).  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on        
6 Jan 55.

On 3 Feb 58, the applicant was notified by his commander of his 
intent to recommend his discharge for “unfitness,” under the 
provisions of AFR 39-17.  The reasons for this action included 
two Article 15’s, dated 31 Oct 56 and 9 Feb 57, for violation of 
Wing regulation 125-15, titled Passes and Curfew; an Article 15, 
dated 2 Oct 57, for provoked speech and gestures; an Article 15, 
dated 31 Oct 57, for fighting in the street and drinking under 
the age of twenty-one; Summary Court Martial, dated 2 Mar 57, 
for drunk and disorderly; Summary Court Martial, dated 21 Apr 
57, for being disorderly in quarters; Summary Court Martial, 
dated 8 Feb 58, was restricted to limits of base and broke 
restriction.  

On 3 Feb 58, the applicant acknowledged receipt of the action 
and waived his right to consult with legal counsel, appear 
before an administrative board, or to submit statements on his 
own behalf.       

On 11 Mar 58, the applicant was furnished a UOTHC discharge, and 
was credited with 2 years, 11 months, and 21 days of active 
service, excluding lost time from 23 Apr 57 to 23 May 57, 
14 Feb 58 to 3 Mar 58, and 9 Jan 58 to 2 Febr 58.  

On 25 Nov 58, the applicant appealed to the Air Force Discharge 
Review Board (AFDRB) to have his discharge upgraded; however, 
the AFDRB denied his application.  They concluded the discharge 
was appropriate under the facts and circumstances of his case 
and there was insufficient basis to warrant clemency for a 
change in the discharge (see AFDRB Hearing Record at Exhibit B).  

On 28 Apr 14, a request for post-service information was 
forwarded to the applicant for review and comment within 
30 days.  In response, the applicant provided a two character 
references and a copy of his FBI Report (Exhibits C, D, and E).


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 discharge based on 
clemency; however, we do not find the evidence presented is 
sufficient for us to conclude that the applicant’s 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-2014-01649 in Executive Session on 18 Dec 14, under 
the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 28 Apr 14.
     Exhibit D.  Letter, Applicant’s Representative,
                 dated Response from Applicant.
     Exhibit E.  FBI Report.

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