RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00040

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His discharge under other than honorable conditions be upgraded to honorable.

APPLICANT CONTENDS THAT:

He was constantly harassed by an officer that was not in his chain of command that disliked him.  He was not aware he could request a discharge upgrade until he talked to a Veteran Service Officer.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic (E-2) who entered active duty in the Regular Air Force on 17 Sep 54.  

On 19 Apr 55, the applicant was found not guilty at a Special court martial (SPCM) for one charge and specification for wrongfully having in his possession certain instruments purporting to be four (4) Armed Forces Liberty Passes DD Form 345, in violation of Article 134, of the Uniform Code of Military Justice (UCMJ).

On 15 Aug 56, the applicant received non-judicial punishment (NJP) under Article 15 of the UCMJ for being apprehended by the Air Police in Stephenville Canada and upon request showed his Special Pass which he obtained in an illegal manner.  For punishment, his commander reduced him to the rank of Airman Third Class.

On 26 Sep 56, the applicant received NJP under Article 15 of the UCMJ for being apprehended by the Air Police in Corner Brook Canada on or about 23 Sep 56 without a Special Pass in his possession authorizing him to be in that area.  For punishment, his commander reduced him to the rank of Airman Basic.

On 10 Oct 56, the applicant was found guilty at a Special court martial (SPCM), on one charge and one specification of failure to go at the time prescribed to his appointed place of duty, in violation of Article 86, UCMJ, and one charge and one specification of failing to have a Special Pass in his possession authorizing him to be off base after 2400 hours, in violation of Article 92, UCMJ.  He was sentenced to confinement at hard labor for 30 days and forfeiture of $39.00 per month for one month.

On 1 Feb 57, the applicant’s commander notified him that he was recommending the applicant’s discharge from the Air Force for his Court-Martial for failing to go to his appointed place of duty, pass violation, and two Article 15’s.

On 1 Feb 57, the applicant acknowledged receipt of the action, consulted counsel, and elected not to submit a statement on his behalf.

On 5 Mar 57, the discharge authority directed the applicant be furnished an undesirable discharge.

On 3 Apr 57, the applicant received an under other than honorable conditions discharge.  He was credited with 2 years, 6 months, and 7 days of active service.

On 18 Feb 18, a request for post-service information was forwarded to the applicant for comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).

For more information, see the excerpt of the applicant’s record at Exhibit B.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an injustice.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Nor was the discharge unduly harsh or disproportionate to the offenses committed.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2018-00040 in Executive Session on 21 August 2018:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 18 Dec 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFBCMR to applicant, dated 18 Feb 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.