RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05579 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Undesirable discharge be upgraded. ________________________________________________________________ APPLICANT CONTENDS THAT: Due to the way he was treated by fellow Airmen and Officers, he did not deserve a discharge. While in the Air Force, he was sexually assaulted by a fellow airman on multiple occasions and this led to his alcohol problems. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 24 Sep 54. On 22 Jul 55, the applicant’s commander notified him that he was recommending he appear before a discharge board to determine whether or not he is unfit for further retention in the Air Force. The reasons for the action included the applicant being drunk on two occasions, causing a disturbance in the barracks, and having to be forcibly carried to the hospital. Additionally, he incurred a pass violation, was derelict in the performance of his duties, and was drunk in quarters for which he received three separate nonjudicial punishment (NJP) actions under Article 15 of the Uniform Code of Military Justice (UCMJ). On 22 Jul 55, he acknowledged receipt of the notification of discharge and, after consulting with legal counsel, waived his right to an administrative discharge board and right to submit a statement in his own behalf. On 17 Aug 55, the applicant was furnished an Undesirable discharge and was credited with 10 months and 24 days of total active service. On 22 Aug 13, a request for post-service information was forwarded to applicant for comment within 30 days. As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ 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 process. Based on the available evidence of record, it appears the applicant’s Undesirable discharge for being unfit for further retention was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority. He has provided no evidence which would lead us to believe the characterization of his service was improper or contrary to the provisions of the governing directive. In the interest of justice, we considered upgrading the applicant’s discharge based on clemency. However, in the absence of any evidence pertaining to the applicant’s activities since leaving the service, we find no basis to recommend granting the requested relief on that basis. Therefore, in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s Undesirable discharge. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2012-05579 in Executive Session on 7 Oct 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05579 was considered: Exhibit A. DD Form 149, dated 15 Nov 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 22 Aug 13, w/atch. Panel Chair 3