RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02255 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His undesirable discharge be upgraded to honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His discharge should be upgraded because he served his four years 
in the Air Force and the Air Force was downsizing. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 12 Apr 53, the applicant contracted his enlistment in the 
Regular Air Force. 

 

On 11 Jun 57, the applicant was offered the opportunity for a 
voluntary discharge. He signed the application for a voluntary 
discharge, but withdrew it the following day. 

 

On 5 Jul 57, the applicant’s commander recommended the applicant 
undergo an administrative discharge board under the provisions of 
Air Force Regulation (AFR) 39-17 for a determination of fitness 
for continued military service. 

 

On 15 Jul 57, the applicant was notified of his administrative 
discharge board. On 17 Jul 57, he acknowledged receipt of the 
notification and requested legal counsel. 

 

On 19 Jul 57, the applicant underwent an administrative discharge 
board hearing for unfitness. The applicant received two Article 
15s and a Summary court-martial. His misconduct consisted of 
missing a bed check, absenting himself from his appointed place 
of duty, without proper authority operating a government vehicle, 
and being involved in motor vehicle accident with a government 
vehicle. The Board recommended the applicant be furnished an 
undesirable discharge. 

 


On 30 Aug 57, the discharge authority concurred with the findings 
and recommendations of the discharge board and directed the 
applicant be furnished an undesirable discharge. 

 

On 7 Oct 57, he was discharged with an undesirable discharge and 
credited with four years, five months, and one day of active 
service. 

 

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 1 Oct 12, a copy of the Investigative Report was forwarded to 
the applicant along with a request for post-service documentation 
for review and comment within 30 days (Exhibit D). In response, 
the applicant provides an expanded statement, three character 
references and certificates and awards he has received. His 
complete response, with attachments, is at Exhibit E. 

 

_________________________________________________________________ 

 

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 an 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. In the interest of 
justice, 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 the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2012-02255 in Executive Session on 28 Feb 13, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 23 May 12. 

 Exhibit B. Applicant's Master Military Personnel Records. 

 Exhibit C. FBI Investigative Report. 

 Exhibit D. Letter, AFBCMR, dated 1 Oct 12, w/atch. 

 Exhibit E. Letter, Applicant, dated 27 Oct 12, atchs.