RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00868 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable (other than honorable conditions) (OTHC) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He is ashamed of having a less than honorable discharge and is now ashamed of what he did. He was young and dumb; and now realizes he was just too young to accept the kind of responsibility he faced while in the military. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 10 Apr 56 for a period of four years. The applicant was convicted by a Summary Court-Martial, on 17 Aug 56, for being absent without leave (AWOL), from 27 Jul – 3 Aug 56. His punishment consisted of forfeiture of $50.00 and restriction to the squadron area for 30 days. The applicant was evaluated by mental health and diagnosed with Asocial (amoral) personality or unusual and extreme degree. They noted the applicant was reared in an asocial environment and is a professional gangster. He was arrested five times and was on probation two times. He was convicted by a Summary Court-Martial, on 7 Sep 56, for breaking restriction. His punishment consisted of confinement with hard labor (CHL) for 30 days and forfeiture of $50.00. The staff judge advocate found the case file legally sufficient and recommended the applicant receive an undesirable discharge under the provisions of AFR 39-17. The applicant was discharged under the provisions of AFM 39-10, on 8 Oct 56, with service characterized as other than honorable conditions. He was credited with 4 months and 17 days of active duty service, excluding 42 days of lost time for being AWOL and CHL. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C. On 4 Nov 10, a copy of the FBI report was forwarded to the applicant for comment. At that time, he was also invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit D). The applicant’s case was considered by the Board on 2 Dec 10, but held in abeyance pending his response to the evaluation. However, 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 during the discharge process. 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. Therefore, considering his overall record of service, the FBI Report of Investigation, and the lack of post service information since his discharge, we are not persuaded that an upgrade of the characterization of his discharge is warranted. In view of the above and 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 AFBCMR Docket Number BC-2010-00868 in Executive Session on 2 December 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 Mar 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report of Investigation. Exhibit D. Letter, AFBCMR, dated 4 Nov 10, w/atchs.