RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03244 INDEX CODE: 110.02 XXXXXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded to a general (under honorable conditions) discharge. ________________________________________________________________ APPLICANT CONTENDS THAT: He has lived a long successful life and feels he is entitled to an upgrade of his military discharge characterization. In support of his request, the applicant provided a personal statement, a character reference, and a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 15 November 1955, the applicant enlisted in the Regular Air Force at the age of 18 in the grade of airman basic (E-1) for a period of four years. He was progressively promoted to the grade of airman third class (E-2) with a date of rank of 31 January 1956. On 9 April 1956, the applicant was reported as absent without leave (AWOL). On 10 April 1956, he was apprehended by civil authorities and returned to military control. Upon his return to his squadron, the applicant was restricted to the limits of Shaw Air Force Base pending charges. On 14 April 1956, he broke the restriction and was subsequently given an Article 15, which resulted in his reduction in rank to airman basic (E-1), and restricted to the squadron area for 14 days. On 30 April 1956, the applicant was again reported AWOL. He remained in AWOL status until 29 May 1956 at which time he was dropped from the rolls as a deserter. On 14 September 1956, he was returned to his base and placed in confinement until he was tried by Special Court Martial on 18 December 1956. The applicant pled guilty to the charge of making himself absent from his organization on or about 30 April 1956, without proper authority, and remaining absent until on or about 23 August 1956. Following the court’s findings of guilty, the applicant received a sentence of confinement at hard labor for four months and forfeiture of $55 per month for four months. The sentence was adjudged on 16 October 1956. On 19 December 1956, the unexecuted portion of the applicant’s sentence to confinement was remitted. On 14 March 1957, his commander initiated action against the applicant for discharge under AFR 39-17 for unfitness. The applicant acknowledged receipt of the commander’s intent, requested discharge without benefit of board proceedings, and indicated that he understood his separation, if approved, may be characterized as under conditions other than honorable and may result in an undesirable discharge. On 29 March 1957, the Wing Staff Judge Advocate found the case to be legally sufficient. On 4 April 1957, the discharge authority approved the applicant’s discharge under the provision of AFR 39-17 and directed he be discharged with an undesirable discharge. Special Court Martial Order Number 205, dated 31 October 1957, indicates the applicant was tried for making himself absent from his organization on or about 2 April 1957, without proper authority, and remaining absent until on or about 14 August 1957. The applicant pled guilty to the charge and was subsequently found guilty by the court. The court sentenced the applicant to confinement at hard labor for six months, forfeiture of $40 per month for six months, and a bad conduct discharge. Special Court Martial Order Number 1, dated 3 January 1958, directed the applicant’s sentence be carried out. On 24 January 1958, the applicant was released from active duty with an Other Than Honorable Discharge. He was credited with nine months and eight days of active duty with 517 days lost time. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, provided a copy of an Investigation Report pertaining to the applicant. On 30 January 2008, a copy of the FBI report 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 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. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. ________________________________________________________________ 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 19 March 2008, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-03244: Exhibit A. DD Form 149, dated 30 Sep 07, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 30 Jan 08, w/FBI Report.