RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01839
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to honorable.
APPLICANT CONTENDS THAT:
His discharge is a result of three Article 15s he received. He
was told he could try to get his discharge upgraded in six
months. He has been married for 51 years and tried to live a
good life.
The Board should find it in the interest of justice to consider
his untimely application because he has lived a good life and
has been married for 51 years.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 13 January 1956, the applicant enlisted in the Regular Air
Force.
On or about 2 October 1956, the applicant wrongfully and
maliciously poured beer on a bust of a national monument of the
Republic of Turkey, causing insult to the Republic of Turkey, in
violation of Article 134, Uniform Code of Military Justice
(UCMJ). He was found guilty at a Summary-Court Martial and was
punished with a $35.00 fine.
On 26 March 1957, the applicant failed to obey a lawful order to
stay in his barracks until it was time for him to go on duty, in
violation of Article 92, UCMJ. He was found guilty at a
Summary-Court Martial and was punished with a reduction to the
grade of airman basic (E-1) and a forfeiture of $20.00.
On 10 April 1957, the applicant failed to go to his official
place of duty, in violation of Article 86, UCMJ and disobeyed a
lawful order to get dressed and ready for duty, in violation of
Article 92. He was found guilty at a Summary-Court Martial and
was confined at hard labor for 30 days.
In a letter dated 15 April 1957, a psychiatrist determined the
applicant was diagnosed with Emotional Instability Reaction,
Acute, Mild. The psychiatrist further concluded there were no
psychiatric centra-indications to any proposed administrative or
legal action.
In April 1957, the applicants commander notified him that he
was recommending he be discharged under the provisions of AFR
39-17, Discharge of Airmen Because of Unfitness.
On 23 April 1957, the applicant acknowledged receipt of the
discharge notification and that legal counsel had made available
to him. He waived his right to a discharge board.
On 10 May 1957, the commander approved the applicants
discharge.
On 13 May 1957, the Staff Judge Advocate found the discharge
legally sufficient.
On 7 June 1957, he received a UOTHC discharge. He served on
active duty for one year, four months and two days.
On 4 May 2014, 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 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, in the absence of any evidence related to the
applicants post-service activities, there is no way for us to
determine if the applicants accomplishments since leaving the
service is sufficient to warrant upgrading his discharge on that
basis. Should he provide documentation pertaining to his post-
service accomplishments and activities, this Board would be
willing to review the materials for possible reconsideration of
his request based on clemency. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 this application
in Executive Session on 12 March 2015, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR BC-2014-
01839 was considered:
Exhibit A. DD Form 149, dated 28 April 2014.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin, 4 May 2014.
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