RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2008-03108
		INDEX CODE:  110.02
		COUNSEL:  None
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

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APPLICANT CONTENDS THAT:

In support of his request, applicant provided a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.
  
The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 24 Feb 54 for a period of 4 years.  

On 3 Jun 57, the applicant’s commander recommended the applicant be required to appear before a board of officers convened under the provisions of AFR 39-17, to determine whether he should be discharged from service prior to the expiration of his current term of enlistment because of unfitness.

The reasons for the action were as follows:

	He was absent without leave (AWOL) from 8-25 Jun 54.  For this offense, he was confined to hard labor for 30 days and ordered to forfeit $50.

	On 27 Nov 56, he received an Article 15 for failure to go.  For this offense, he was reduced to the grade of airman second class.

	On 11 Jan 57, he was tried and convicted by a civil court for contributing to the delinquency of a minor.
	On 26 Feb 57, he received an Article 15 for failure to go.  For this offense, he was reduced to the grade of airman third class.  

The applicant was advised of his rights.  He waived his right to a board hearing and submitted his application for discharge.

On 13 Jun 57, the assistant Staff Judge Advocate recommended the applicant’s application for discharge be accepted and that he be discharged with an undesirable discharge.

He was discharged on 21 Jun 57.  He served for a period of 3 years, 1 month, and 24 days.  

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APPLICANT’S RESPONSE TO REQUEST FOR POST-SERVICE AND FBI REPORT:

The applicant submits one character reference letter.

The complete response is at Exhibit E.

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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 19 February 2009, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered under AFBCMR Docket Number BC-2008-03108:

	Exhibit A.  DD Form 149, dated 18 Aug 08, w/atch.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C   FBI Report.
	Exhibit D.  Letter, AFBCMR, dated 6 Jan 09.
	Exhibit E.  Reference Letter, not dated.

                                  XXXXXXXXXX
                                  Panel Chair