RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02502
	INDEX CODE:  110.00
	COUNSEL:  NO
	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

His discharge was unjust because he was held in the stockade until he would sign a waiver accepting an undesirable discharge.

He was charged and found guilty for leaving the base while he was quarantined.  A summary Court-Martial sentenced him to serve 15 days in confinement.  He was also reduced in rank to airman basic and sentenced to an additional 30 days hard labor.  At the end of his sentence, he was notified that he had two choices:

	1)  Sign a waiver accepting an undesirable discharge and return to the states.

	2)  Appear before a board of appeals.

He did not want an undesirable discharge and chose to appear before the appeals board.

He was later told he would not meet the board for at least six months and unless he signed the waiver he would spend the next six months waiting for the board in jail.  He was 22 years of age at the time and had less than six months left on his four year tour.  He was reminded that there was no guarantee the appeal board would review his case in six months or even vote in his favor.  Regretfully, he signed the waiver.

He is now 72 years old.  He served his country for almost four years and has many reasons to believe he earned the right to an honorable discharge.

In support of his application, the applicant submits his personal statement.  His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

On 20 Nov 56, he was tried and found guilty by summary court martial for violating a lawful general regulation (illegal possession of whisky and off base without proper pass).  For this offense, he was reduced to the grade of Airman Third Class and ordered to forfeit $72.00.

On 6 Jul 57, he received non-judicial punishment under Article 15 for being absent from base after 2400 hours without permission.  For this offense, he was reduced to the grade of airman basic.

The following is a resume of the applicant’s character and efficiency ratings:

	CHARACTER	EFFICIENCY

1 Nov 54	Excellent	Excellent
1 Mar 55	Excellent	Excellent
23 Mar 55	Unknown	Unknown
16 Sep 55	Excellent	Excellent

He was discharged on 19 Sep 57 under AFR 39-17 and issued an under other than honorable conditions (UOTHC) discharge.  He had served three years and eight months on active duty.  He had 46 days of lost time due to confinement.

In response to the Board’s request, the FBI indicated they were unable to identify with an arrest record pertaining to the applicant on the basis of information furnished.

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APPLICANT'S RESPONSE TO REQUEST FOR POST-SERVICE INFORMATION:

On 24 Nov 08, the applicant was invited to submit information pertaining to his post-service accomplishments and activities (Exhibit C).  On 7 Dec 08, aforementioned letter was returned undeliverable/unable to forward.

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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.

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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.

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The following members of the Board considered this application in Executive Session on 14 January 2009, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered under AFBCMR Docket Number BC-2008-02502:

	Exhibit A.  DD Form 149, dated 31 Jun 08 [sic], w/atch.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C   Letter, AFBCMR, dated 24 Nov 08.

                                  
                                  Panel Chair