RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04837 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He has not been an undesirable person. He has had some minor infractions but these were not willful and were dealt with by his company. For the past 50 years, he has lived an honorable life with his wife and daughter. He owns a home and has been a valuable member of society. Based on these facts, he requests his discharge be upgraded to honorable. In support of his request, the applicant provides a personal statement, character letters, training certificates and documentation from his master personnel record. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 3 December 1954. On 17 February 1958 the applicant was notified of his commander’s intent to discharge him from the Air Force under regulation 39-17, Unfitness. Specifically, the applicant was tried before a Summary Court for being absent without leave (AWOL) and reporting with a dirty uniform; he received an Article 15 and was reduced in rank prior to returning to the base from being AWOL; he received a civilian traffic ticket for running a red light; he was involved in a civilian altercation; he was counseled for uniform infractions and he was also found with beer in his car and received an Article 15. He was notified he was entitled to a hearing before a board of officers. The applicant refused to sign the notification receipt; however, he later acknowledged receipt of the board hearing, elected counsel be made available and elected to call witnesses on his behalf. On 18 March 1958, the Board recommended the applicant be discharged from the Air Force for unfitness. They further recommended he be furnished an undesirable discharge. The Staff Judge Advocate found the evidence legally sufficient to support the board’s recommendation. On 24 March, the commander approved the recommendation of the board. The applicant was separated on 1 April 1958. His character of service was listed as under other than honorable conditions and he was credited with 3 years, 3 months and 1 day of active duty service. On 13 June 1961 the Air Force Discharge Review Board denied the applicant’s request to upgrade his discharge. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia provided a copy of an investigation report (Exhibit C). On 6 September 2012, the FBI investigation and a request for post-service information were forwarded to the applicant for response within 30 days. As of this date, no response has been received by this office (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 during the discharge process. 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, or unduly harsh. Additionally, due to the lack of evidence of a successful post- service adjustment and in view of the information contained in the FBI investigative report, we do not find it would be in the interest of justice to upgrade his discharge on the basis of clemency. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. 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 issues 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-2011-04837 in Executive Session on 1 November 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 9 Dec 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Investigative Report. Exhibit D. Letter, SAF/MRBC, dated 6 Sep 12.