RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02814 

 INDEX CODE: 110.00 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His undesirable discharge be upgraded to honorable and his rank 
be corrected to reflect the grade of airman first class (A/2C). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He had inadequate defense which caused him to receive undue and 
harsh punishment. 

 

He got drunk one night and took a car from the motor pool and 
ran it into a ditch. He was court-martialed for unauthorized 
use of a military vehicle. He received six months in the 
stockade and lost his rank of A/2C. 

 

He received a special court-martial and believes it should have 
been a summary court-martial. However, he thinks an Article 15, Record of Nonjudicial Punishment, and restriction to the base 
for six months would have been more than a just punishment. 

 

His first sergeant forced him and six others to sign for an 
undesirable discharge. He believes depression has set in and he 
had reached his breaking point; thereby causing him to agree to 
an undesirable discharge. 

 

He believes he would have stayed in the military until he was 
retirement eligible, but he understands he was responsible for 
his actions. 

 

His wife is receiving hospice care and has been given three to 
six months to live. They would like to be buried at their 
nearby veteran’s cemetery with full honors. 

 

In support of his request, the applicant provides copies of 
personal statements, a questionnaire, photographs, letters, and 
a birth certificate. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

 
 

STATEMENT OF FACTS: 

 

Available records reveal that the applicant entered the Regular 
Air Force on 27 Sep 54 and was discharged on 14 Oct 58. 

 

The applicant’s records were destroyed in the July 1973 fire at 
the National Personnel Records Center. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigations states they were unable to identify an arrest 
records on the basis of the information furnished. 

 

_________________________________________________________________ 

 

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. Based on the 
available evidence of record, it appears the discharge and the 
applicant’s reduction in rank were 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. 

 

_________________________________________________________________ 

 

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 Docket Number 
BC-2010-02814 in Executive Session on 14 October 2010, under the 
provisions of AFI 36-2603: 

 

 

 

The following documentary evidence was considered: 

 

 Exhibit. DD Forms 149, undated, w/atchs, and 3 Aug 10, 

 w/atchs.