RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-01520 INDEX CODE:	110.02
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Her late husband’s undesirable discharge be upgraded.

APPLICANT CONTENDS THAT:
He was in love with his first wife and wanted to be with her. He was a good man who went out of his way to help people. He should not have to pay for mistakes he made when he was young.

In support of her request, the applicant provided a copy of her late husband’s DD Form 214s, Report of Separation from the Armed Forces of the U.S., a copy of his death certificate, and documentation submitted to the Discharge Review Board with attachments.

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

STATEMENT OF FACTS:
The former member entered the Regular Air Force on 5 Nov 52.
On 6 Jul 53, he received an Article 15, Record of Nonjudicial Punishment, for being absent without leave (AWOL). He was sentenced to 14 days restriction.

On 28 Jul 53, he was found guilty by a Summary Court-Martial of breaking restriction and failure to go. He was reduced in grade to airman basic, confined to hard labor for 15 days, restricted to the base for 30 days, and ordered to forfeit $30.

In Aug 53, he received an Article 15 for failure to repair. He was sentenced to 14 days restriction.

On 13 Oct 53, he was found guilty by a Summary Court-Martial of being AWOL. He was sentenced to hard labor for 15 days and ordered to forfeit $35.

On 3 Nov 53, a medical evaluation revealed the former member competent.

On 13 Nov 53, he received an Article 15 for failure to repair.
On 24 Nov 53, a Board of Officers recommended that the applicant be discharged with an undesirable discharge due to unfitness.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, XXXXXXX, which is at Exhibit C. On 28 May 08, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days (Exhibit D). 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 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 Docket BC-2008- 01520 in Executive Session on 9 September 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, w/atchs, dated 28 Apr 08. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	FBI Report.
Exhibit D.	Letter, AFBCMR, w/atchs, dated 28 May 08.