RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03178
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded.
APPLICANT CONTENDS THAT:
While stationed in , he was wrongfully accused of shooting
at another airman. However, it was not possible for him to shoot
at anyone because he had broken his right hand and it was in a
cast. Because of this accusation, he was reduced in rank and
discharged. He never faced a court martial; rather, his unit
commander made the final decision to discharge him. He only
received separation papers (no discharge package) when he returned
to the United States. He served his country with pride and
honesty, and with his birthday approaching, he wants his
family to know he served with honor. He is just now submitting
this request because he lost all his military papers, medals and
uniforms in a house fire and just now found the [AFBCMR] address.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicants complete military personnel records are not
available in Automated Records Management System (ARMS), or at the
National Military Processing Center (NPRC), and no record was
provided by the applicant; therefore, the circumstances
surrounding his discharge could not be verified.
In January 1951, according to information provided by the
applicant, he commenced his service with the Regular Air Force.
On 26 Oct 53, according to information provided by the applicant
the applicant was discharged.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In response to a request for post-service information, it appears
the applicant had difficulty completing the fingerprint process
for the criminal record check. He states he has provided
fingerprints multiple times to maintain a firearm permit with the
state of . He has never had a parking ticket as we even
elected as a constable (Exhibit D).
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 for us to conclude that the
applicants 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-2014-03178 in Executive Session on 22 Apr 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Aug 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 26 Aug 14.
Exhibit D. Letter, Applicant, dated 13 Jan 15.
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