RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 				DOCKET NUMBER: BC-2014-02072

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

Her deceased husband’s Bad Conduct Discharge (BCD) be upgraded 
to general (under honorable conditions).


APPLICANT CONTENDS THAT:

During the time of her husband’s discharge, the reason he was 
absent without authority was because he wanted to be there for 
the birth of his child.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

According to the decedent’s DD Form 214, Report of Separation 
from the Armed Forces of the United States, on 10 Jul 48, he 
enlisted in the Regular Air Force.

On 14 Feb 52, the decedent pled not guilty and on 26 Feb 52, he 
was found guilty of one specification of being Absent Without 
Leave (AWOL), in violation of Article 86, of the Uniform Code of 
Military Justice (UCMJ) and was sentenced at a Special Court-
Martial to a BCD, forfeiture of $30.00 per month for 6 months 
and confinement at hard labor for 6 months. 

On 26 May 52, the convening authority approved the finding and 
sentence and directed that the sentence be executed.

On 23 Jun 52, the decedent received a BCD and was credited with 
3 years, 1 month, and 24 days of total active service.

On 24 Sep 14, a request for post-service information was 
forwarded to the applicant for review and 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 an 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. In the 
interest of justice, we considered upgrading the discharge based 
on clemency; however, in the absence of any evidence related to 
the decedent’s post-service activities, there is no way for us 
to determine if the decedent’s accomplishments since leaving the 
service warrant such an action. Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought.


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-2014-02072 in Executive Session on 13 May 15 under the 
provisions of AFI 36-2603:

	                  , Panel Chair
	                  , Member
	                  , Member






The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-02072 was considered:

	Exhibit A.  DD Form 149, dated 14 May 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 24 Sep 14, w/atch.