RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02283 COUNSEL: NOT INDICATED HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged unfairly because of a conviction by a civilian court. He requested legal counsel from the Air Force and civilian court, but was denied. He was sentenced to 30 days in confinement and states the trial was unfair and the penalty excessive. He has led a productive life and is now retired from the King County Public Health Department where he served as an enforcement officer and received numerous awards. The applicant's complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 7 Apr 53, the applicant enlisted in the Regular Air Force. On 18 Mar 54, he was tried by summary court-martial for being absent without leave (AWOL) from 7 Mar 54 to 14 Mar 54. For this offense, he was ordered to perform 30 days hard labor and ordered to forfeit $2.77 pay per day for eight days. On 15 Jul 54, he was placed on a six month probation period for the following unacceptable behaviors: On Nov 53 he was charged with being rude and disorderly and was detained in the local jail and fined $5; on 30 May 54, he was arrested for being drunk and was detained in jail overnight; on 14 Jul 54 he was returned to station in a drunken condition and caused a fire which destroyed bedding and put other airmen at risk. In Mar 55, his commander notified him he was recommending his separation from the Air Force under the provisions of AFR 39-22, Discharge of Airmen for Misconduct Because of Civil Court Disposition. On 31 Mar 55, the applicant was discharged from the Air Force. His separation was characterized as undesirable. He served 1 year, 10 months and 18 days of total active service. On 26 Sep 55 the Air Force Discharge Review Board (AFDRB) denied the applicant’s request for an upgrade of his discharge. A copy of the AFDRB hearing record is attached at Exhibit B. On 30 Aug 77, the Air Force Board for Correction of Military Records (AFBCMR) corrected his records to show that on 31 Mar 54 he was discharged and issued a general (under honorable conditions) discharge certificate. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. On 31 Aug 11, a copy of the FBI report and a request for post-service information 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 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 in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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 7 Feb 12, under the provisions of AFI 36-2603: The following documentary evidence was considered in AFBCMR BC- 2011-02283: Exhibit A. DD Form 149, dated 27 Jun 11. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report, 23 Aug 11. Exhibit D. Letter, AFBCMR, dated 31 Aug 11, w/atch.