RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-04042 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: UNKNOWN ________________________________________________________________ _ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to a general (under honorable conditions) discharge. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was young with a limited education and inexperienced when he enlisted in the military in 1952. His supervisors and commander did not make him aware, nor did he understand, there were other options available to him before he went absent without leave (AWOL) to take care of his mother. His mother was a single parent with four minor children at home when he left to join the military to help out his family financially. They had no one else to rely on to help them out. He would have liked to stay in the military; however, he felt he had no choice given his family situation. He has had a clean life since his discharge and regrets the many mistakes he made. In support of his request, the applicant provided a personal statement; a statement of no criminal records from the clerk of Court, Iberia Parish, LA; three character references; and a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: On 24 July 1952, the applicant enlisted in the Regular Air Force at the age of 17 in the grade of airman basic (E-1) for a period of four years. He was promoted to the grade of airman third class (E-2) effective 15 September 1952. Special Court Martial Order Number 31, dated 12 May 1954, indicates the applicant was tried for making himself absent from his organization on or about 11 December 1953, without proper authority, and remaining absent until on or about 28 April 1954. 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 $28 per month for a like period, and reduction in grade to airman basic. Special Court Martial Order Number 61, dated 16 October 1954, indicates the applicant was tried for making himself absent from his organization on or about 31 August 1954, without proper authority, and remaining absent until on or about 28 September 1954. 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 2 months and 15 days, and forfeiture of $28 per month for a like period. On 6 December 1954, 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 he understood his separation, if approved, may be characterized as under conditions other than honorable and may result in an undesirable discharge. On 17 January 1955, following the Judge Advocate’s finding that the case was legally sufficient, the discharge authority approved the applicant’s discharge under the provision of AFR 39-17 and directed he be discharged with an undesirable discharge. On 21 January 1955, the applicant was released from active duty with an undesirable discharge under the provisions of AFR 39-10, paragraph 15e(2) and AFR 39-17, paragraph 3a(3). He was credited with 1 year, 5 months and 13 days of active duty with 380 days lost time. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated that on the basis of the data furnished, they were unable to locate an arrest record pertaining to the applicant (Exhibit C). On 19 April 2007, the applicant was given the opportunity to submit comments about his post service activities (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ _ 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 20 March 2008, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-04042: Exhibit A. DD Form 149, dated 5 Dec 07, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Response, dated 18 Jan 08. Exhibit D. Letter, AFBCMR, dated 30 Jan 08, w/atch. Exhibit E. Applicant’s Letter, not dated, w/atchs.