RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04997

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

He entered the Air Force as an immature individual with an 8th grade education, who was excited about being away from home for the first time.  His reckless actions caused his discharge, but since his separation in 1957, he has matured and developed into a community leader.  He has been an ordained Catholic Deacon since 1981.  He has conducted death row ministry for over 25 years and has dedicated his entire life in the service of Christ.  Other than his daughter, he has not disclosed his military service to any of his relatives because his is ashamed of his discharge characterization.  He is 80 years old and wants his children and great-grandchildren to be proud of his military service.  His sincere hope is that the Board favorably considers his request.

In support of his request for clemency, the applicant provides a personal statement, character statements from his daughter, a retired Marine Corps first sergeant, religious superiors, the Executive Director of Catholic Charities, newspaper articles and various other documents related to his appeal.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 9 December 1953.

During approximately two and one half years of service, the applicant received two Articles 15 and was tried and convicted at five summary courts-martial and two special courts-martial.

On 13 November 1956, an administrative discharge board was convened to determine whether the applicant should be discharged from the Air Force.  On 10 January 1957, the discharge was approved.

On 4 February 1957, the applicant received an under other than honorable conditions discharge.  He was credited with 2 years, 4 months and 26 days of active service.

On 18 April 1964, the applicant applied to the Air Force Discharge Review Board requesting that his discharge be upgraded to honorable.  The board concluded that a change in the type or nature of the discharge and his application was denied.

On 20 September 2017, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C); as of this date, no response has been received by this office.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit D.

AIR FORCE EVALUATION:

AFLOA/JAJM states that there is no error or injustice to undermine the non-judicial punishment actions and convictions the applicant received.  In view of the applicant’s post-service accomplishments, the Board may determine whether an upgrade based on clemency is warranted.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 28 November 2017, for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an injustice.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  The Board notes that the applicant submitted considerable information regarding his post service activities and in the interest of justice, the Board considered upgrading the discharge based on clemency.  However, in evaluating whether or not his post-service contributions warrant an upgrade to his discharge, it is also vital that he includes documentation indicating whether he has an arrest record.  Absent the FBI report, the Board typically denies relief.  Should the applicant provide an FBI report, the Board may be willing to reconsider his appeal.  As the evidence stands, the Board is unable to recommend granting the relief sought.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.
CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04997 in Executive Session on 31 May 2018:

, Panel Chair 
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A: Application, DD Form 149, w/atchs, dated 21 September 2016.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Post Service Clemency Letter, w/atch, dated 20 September 2017.
Exhibit D: Advisory opinion, AFLOA/JAJM, dated 30 October 2017.
Exhibit E: Notification of Advisory, SAF/MRBC to applicant, dated 12 December 2017.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.