RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01684 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His undesirable discharge be upgraded to honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was 17 years old; his training instructor (TI) made sexual 
advances toward him and made him do things he did not want to. 
He feared for his safety and never reported it; he went absent 
without leave (AWOL) and turned himself in a few months later. 

 

For the last 54 years, he has lived with the shame of it all, 
been married six times, has a very hard time keeping a 
relationship, and cannot keep a long term job. 

 

In support of his request, the applicant provides a DD Form 293, Application for the Review of Discharge from the Armed Forces of 
the United States. 

 

The applicant's complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 9 Jan 57, the applicant enlisted in the Regular Air Force. 

 

On 21 Mar 57, the applicant was tried by Special Court-Martial 
for two specifications of being absent without leave, in 
violation of Article 86, of the Uniform Code of Military Justice 
(UCMJ) and one specification of wrongfully and without authority 
wearing upon his uniform the insignia grade of an airman third 
class, in violation of Article 134, UCMJ. 

 

He pled guilty and was sentenced to confinement at hard labor 
for six months and forfeiture of $55 pay per month for six 
months. The sentence was adjudged on 9 May 57. 

 

On 15 May 57, the convening authority approved only so much of 
the sentence as provides for four months confinement at hard 
labor and forfeiture of $55 pay per month for four months. 

 


On 5 Jul 57, the group adjutant recommended the applicant be 
discharged under the provisions of AR 39-17, Discharge of Airmen 
Because of Unfitness. On 7 Jul 57, the applicant acknowledged 
receipt of the notification of discharge action and waived his 
right to a hearing by a board of officers and requested 
discharge without the benefit of board proceedings. He 
acknowledged his understanding that if his request was approved, 
his separation from the Air Force may be under conditions other 
than honorable and that he may receive an undesirable discharge. 
Legal counsel was made available to the applicant and he 
voluntarily requested discharge. 

 

On 19 Aug 57, the applicant was discharged under the provisions 
of AFR 39-17, and received an under other than honorable 
conditions (undesirable) discharge. He was credited with 
2 months and 21 days of active service (excludes 140 days of 
lost time due to confinement). 

 

On 28 May 58, 18 Dec 62 and 4 May 67, the Air Force Discharge 
Review Board denied the applicant’s request for an upgrade of 
his discharge. 

 

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 15 Sep 11, a copy of the FBI report was forwarded to the 
applicant for review and comment within 30 days. At the same 
time, the applicant was offered an opportunity to provide 
information pertaining to his activities since leaving the 
service (Exhibit D). 

 

________________________________________________________________ 

 

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 have considered 
the applicant’s overall quality of service, the events which 
precipitated the discharge, the lack of insufficient evidence 
related to his post-service activities and accomplishments, and 
therefore, we do not believe clemency is warranted. In view of 
the above and 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-2011-01684 in Executive Session on 25 Oct 11, under the 
provisions of AFI 36-2603: 

 


 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 26 Apr 11, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation, dated 29 Jul 11. 

 Exhibit D. SAF/MRBC, Letter, dated 16 Sep 11.