RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2013-05234
 						COUNSEL: NONE
						HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His undesirable discharge be upgraded to honorable.
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APPLICANT CONTENDS THAT:

He was arrested by the Georgia police and was never provided legal counsel from the Air Force.  He was assigned a public 
defender who advised him to plead guilty and be at the mercy of the court.

The Board should consider his untimely application in the interest of justice because he is 75 years old and has never been in trouble since.  

The applicant’s complete submission, with attachments, is at Exhibit A.  
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STATEMENT OF FACTS:

Per the National Archives and Records Administration (NARA), the applicant’s reconstructed records are checked out and unavailable. 
 
At the time of the applicant’s discharge, AFR 39-17, Unfitness, paragraph 8, stated that when discharged because of unfitness, 
an undesirable discharge will be furnished.  However, in 1959, AFR 39-17 was changed to state that an airman discharged under 
this regulation should be furnished an undesirable discharge, unless the particular circumstances in a given case warrants a general or honorable 
discharge.  

Pursuant to the Board’s request, on 28 Jan 14 the Air Force Office of Special Investigation (AFOSI) confirmed a criminal history investigation does exist.  

On 4 Sep 14, the applicant was provided with an opportunity to submit information pertaining to his activities since leaving 
the service (Exhibit B).  As of this date, this office has not received a response.  
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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.  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.  In the interest of justice, we considered upgrading the discharge based on clemency; however, 
there was no evidence submitted 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.  
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that 
that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.  
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The following members of the Board considered Docket Number BC-2013-05234 in Executive Session 12 Nov 14, under the provisions of AFI 36-2603:

     , Panel Chair
     , Member
     , Member
		
 
The following pertinent documentary evidence in AFBCMR Docket Number BC-2013-05234 was considered:

     Exhibit A.  DD Form 149, dated 1 Nov 13, w/atchs. 
     Exhibit B.  Letter, AFBCMR, dated 4 Sep 14, w/atch.