RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04949 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. Her late father’s Under Other Than Honorable Conditions (UOTHC) (Undesirable) discharge be upgraded to honorable. 2. His grade at discharge be restored to Sergeant (Sgt/E-4). 3. He receives medals and decorations for the period he served his country. APPLICANT CONTENDS THAT: After 3 1/2 years of active duty, her late father was apparently suffering from Post-Traumatic Stress Disorder (PTSD) caused by stress, exhaustion, recurring malaria and injury from bomb blast. When he entered the service, he was rated with an excellent character and skills. In 1946 he was considered to have inadequate personality, and with today's better understanding of PTSD, she thinks it is pretty clear what happened. He deserves to be honored for his loyalty to the country during World War II (WWII). He endured much suffering for his country and it is her hope that, if read, his record will give you an idea of what was happening to him at the close and end of WWII. There were changes made in his personality and he spent his final years working six days a week as a valued employee of New Jersey Zinc. He lived a quiet, law abiding life, never drinking alcohol or getting into trouble. He raised his family of two sons and her, and gave all three of his children the opportunity to go to college. He was always proud to have served his country and she has several photos from WWII that he kept all of his life. He was only 52 year of age when he passed away and believes his hea1th was compromised from illness he suffered in the Pacific. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 31 Jan 42, the applicant initially entered the Army Air Corps in the grade of private (PVT/E-1). On 22 May 42, the applicant was convicted at a summary court- martial for being Absent Without Leave (AWOL) and sentenced to perform hard labor without confinement for seven days. On 15 Jan 43, the applicant pled guilty and was convicted at a special court-martial of maliciously discharging a rifle from the window of a train. He was sentenced to forfeit $15.00 per month for two months. On 11 Jan 46, at a general court martial, the applicant was charged with one charge and six specifications for uttering bad checks in the amount of $310.00 from 17 Jul – 19 Jul 45 and one charge and two specifications of AWOL from 1 Jul – 7 Aug 45 and 27 Aug to 1 Sep 45. He was convicted at the general court- martial and sentenced to be confined at hard labor for six months and to forfeit $35.00 pay per month for six months. The sentenced was approved on 11 Jan 46 and the unexecuted portion of the sentence was remitted on 30 Jan 46. On 5 Feb 46, the applicant was released from hard labor. On 18 Apr 46, the applicant was apprehended and confined by Kansas City, Missouri police for the passing of worthless checks. On 10 Jan 47, the applicant went AWOL and was eventually coded as a “deserter.” On 22 Jul 50, local authorities found the applicant and returned him to military custody. On 31 Oct 50, the discharge authority ordered the applicant be discharged under the provisions of AF Regulation 39 - 23 for “Desertion and Physical Unfitness.” He ordered the applicant be given an undesirable discharge certificate in accordance with the provisions of AF Regulation 39 - 23 paragraph 7. On 7 Nov 50, the applicant was discharged by reason of Desertion and Physical Unfitness, with service characterized as (UOTHC) (Undesirable). He was credited with 8 years, 9 months, and 7 days of active service for pay, including 3 years, 2 months, and 2 days of foreign service, and excluding 1702 days of lost time for AWOL and confinement. His net service for pay purposes was 5 years, 1 month and 2 days. The applicant’s DD Form 214, Report of Separation from Armed Forces of the United States, issued on 7 Nov 50, reflects he was awarded the Asiatic Pacific Campaign Medal, with Two Bronze Service Stars (APCM, w/2BSSs); the Distinguish Unit Badge (now referred to as the Presidential Unit Citation), and the Philippine Liberation Medal, with a Bronze Service Star (PLM, w/1BSS). On 7 Dec 15, AFPC/DPSIDR determined the applicant’s record should be administratively corrected to reflect the award of the National Defense Service Medal (NDSM) and the World War II Victory Medal (WWIIVM). AIR FORCE EVALUATION: AFLOA/JAJM recommends denial of the applicant’s request for a discharge upgrade, indicating there is no evidence of an error or an injustice. Additionally, the basis for JAJM’s recommendation is the documentation reflects the former service member was afforded all of his rights; there was a legal basis for his discharge from the Air Force with a less than honorable characterization; the late submission to the Board and the apparent lack of any legal error or injustice with the court-martial and administrative discharge process. JAJM notes, on 22 May 42, the evidence of record reflects the former service member was sent to a hospital in Coral Gable, FL to be examined while awaiting trial. While at the hospital, he told his doctors that he used poor judgment in going AWOL. He goes on to explain that he was disturbed by his marital situation and unable to come to an agreement with his wife so he “took off” and traveled from place to place around the country as a way to deal with his resentment and feelings of frustration. From 21 Nov 42 until 15 Jul 46, the former service member was AWOL for a total of 138 days. From 26 May 42 - 6 Jun 46, he was confined for a total of 222 days. While awaiting discharge proceedings, he checked himself into a military hospital. While there he went AWOL from 29 Nov 46 – 4 Dec 46, on 7 Dec 46, and from 8 – 18 Dec 46. After the series of AWOL offenses, he was referred to another special court- martial. However, on 10 Jan 47, he went AWOL and was never returned so he was internally coded as a deserter. On 22 Jul 50, local authorities found the former service member and returned him to military custody. On 5 Aug 50, he was readmitted to the hospital for a full medical and competency evaluation prior to discharge. The complete JAJM evaluation is at Exhibit C. AFPC/DPSOE recommends denial of the applicant’s request for restoration of the former service member’s grade to Sgt. DPSOE notes that JAJM has reviewed this case and determined that there was no injustice or legal errors requiring corrective action regarding the court-martial and administrative discharge actions. On 31 Jan 42, the applicant’s father entered active duty as a Private. He was promoted to the ranks of Private First Class in Oct 43, Corporal in Sep 44, and Sergeant in Mar 45. After being tried by a summary court-martial, special court-martial and general court-martial, for being absent without leave (AWOL), maliciously discharging a rifle from the window of a train, six specifications of uttering bad checks, and ultimately being coded as a deserter, the applicant’s father was discharged in the grade of Private. The complete DPSOE evaluation is at Exhibit D. AFPC/DPSID recommends no action required by the Board. DPSID notes award of the Distinguished Unit Badge/Presidential Unit Citation, the National Defense Service Medal, Asiatic Pacific Campaign Medal with two Bronze Service Stars, Philippine Liberation Medal with one Bronze Service Star and the World War II Victory Medal is verified. The former service member’s record will be administratively corrected by AFPC/DPSOR to formally document award of the National Defense Service Medal and World War II Victory Medal. The complete DPSID evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 8 Dec 15 for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 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 agree with the opinion and recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion, that other than the aforementioned administrative corrections, the former service member has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting further relief. 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-2014-04949 in Executive Session on 19 Jan 2016 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Nov 14, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 7 Apr 15. Exhibit D. Letter, AFPC/DPSOE, dated 24 Aug 15. Exhibit E. Letter, AFPC/DPSID, dated 7 Dec 15. Exhibit F. Letter, AFBCMR, dated 8 Dec 15. 5 6