RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01713 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded. _________________________________________________________________ APPLICANT CONTENDS THAT: He believes his discharge should be upgraded because he was sent on temporary duty to Guantanamo Bay for weeks until his ankles swelled up approximately four times their original size. He was taken to the hospital, his wife was four months pregnant and he had not seen her for over six months. He was mentally inadequate and unable to make sound decisions at that time. He was young and never realized how the undesirable discharge would affect his life. He hopes that with God’s help and consideration by the Board, corrections will be made. He notes he has not had any infractions for over 40 years. In support of his request, the applicant provides a copy of his Veteran’s Identification. His complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 9 Aug 49. The applicant was notified by his commander that he was recommending him for discharge from the Air Force under the provisions of AFM 39-17, Unfitness. The specific reason for this action was for Driving a government vehicle without a license; for failing to police living quarters, for being late for formation, for failing to carry out assigned duty, for failing to repair, and for being absent without leave (AWOL) on two occasions. After a legal review of the case, the staff judge advocate found it legally sufficient. The applicant received an undesirable discharge after serving 1 year, 9 months, and 2 days on active duty. The Air Force Discharge Review Board (AFDRB) reviewed the applicant’s request for an upgrade to his discharge on 28 Sep 54; however, the AFDRB denied his request. 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 Aug 11, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office. On 1 Aug 11, a request for information pertaining to his post- service activities was forwarded to the applicant for response within 30 days. In response to our request, the applicant provided post-service information, which is attached 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 probable error or injustice. After careful consideration of the available evidence, we found no indication the actions taken to effect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or the actions taken against the applicant were based on factors other than his own misconduct. In addition, in view of the contents of the FBI Identification Record we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade to honorable on the basis of clemency. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request. 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 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 AFBCMR Docket Number BC-2011-01713 in Executive Session on 8 Sep 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Apr 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 1 Aug 11, w/atchs. Exhibit E. Letter, Applicant, dated 14 Aug 11, w/atchs.