RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-00314

XXXXXXXXXXXXX	COUNSEL:  NONE

 	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His undesirable discharge be upgraded.

APPLICANT’S CONTENTIONS

He was 16 years old when he enlisted and was not mature enough to complete his military obligation.  In many ways, he was influenced to spend his off-duty time in bars.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Army Air Force private (E-1).  

On 13 Apr 51, the applicant was directed to appear before a Board of Officers under the provisions of AFR 39-17, Discharge of Airmen Because of Unfitness.  The specific reasons for the action were as follows:

	a. On 24 Mar 48, the applicant was convicted by Summary Court Martial (SCM) for being absent without leave (AWOL) from 15 Mar 48 to 20 Mar 48.  He was sentenced to reduction to the grade of E-1, confinement at hard labor for 15 days, and forfeiture of $25 pay.

	b. On 11 May 48, the applicant was convicted by SCM for being AWOL from on or about 3 May 48 to on or about 10 May 48.  He was sentenced to confinement at hard labor for 20 days and forfeiture of $35 pay.

	c. On 9 Jun 50, the applicant was convicted by SCM for being AWOL from on or about 1 Jun 50 to on or about 5 Jun 50.  He was sentenced to base restriction for 30 days and forfeiture of $45 pay.

	d. On 6 Sep 50, the applicant was restricted to the base for seven days for minor drinking in a public bar. 

	e. On 13 Sep 50, the applicant was convicted by SCM for breaking restriction to the base on 8 Sep 50.  He was sentenced to reduction to the lowest enlisted grade, confinement at hard labor for 15 days, and forfeiture of $40 pay.

	f. On 20 Jan 51, the applicant was restricted to the base for seven days for being AWOL from 12 Jan 51 to 17 Jan 51. 

	g. On 16 Feb 51, the applicant was convicted by SCM for being AWOL from 7 Feb 51 to 9 Feb 51, and for failure to obey a lawful order to report for duty on 7 Feb 51.  He was sentenced to confinement at hard labor for 30 days and forfeiture of $30 pay.

On 16 Apr 51, the Board of Officers recommended the applicant be discharged for unfitness.

On 17 May 51, the discharge authority directed the applicant be discharged, and on 1 Jun 51, the applicant received an undesirable discharge.  He was credited with 3 years, 3 months and 25 days of active service.

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

POST-SERVICE INFORMATION

On 25 Feb 19, the Board sent the applicant a request for post-service information, including a standard criminal history report from the Federal Bureau of Investigation (FBI), which the applicant provided on 1 May 19 (Exhibit D).  According to the report, the applicant has had no arrests since discharge.
 
APPLICABLE AUTHORITY

According to AFI 36-3208, Administrative Separation of Airmen, incorporating changes through 8 June 2017, paragraph 1.18, the types of service characterization are as follows: 

Honorable.  The quality of the airman’s service generally has met Air Force standards of acceptable conduct and performance of duty or when a member's service is otherwise so meritorious that any other characterization would be inappropriate. 

Under Honorable Conditions (General).  If an airman’s service has been honest and faithful, this characterization is warranted when significant negative aspects of the airman's conduct or performance of duty outweigh positive aspects of the airman's military record.

Under Other than Honorable Conditions.  When basing the reason for separation on a pattern of behavior or one or more acts or omissions that constitute a significant departure from the conduct expected of airmen.  The member must have an opportunity for a hearing by an administrative discharge board or request discharge in lieu of trail by court-martial.  Examples of such behavior, acts, or omissions include, but are not limited to:

•	The use of force or violence to produce serious bodily injury or death.
•	Abuse of a special position of trust.

•	Disregard by a superior of customary superior - subordinate relationships.

•	Acts or omissions that endanger the security of the United States. 
•	Acts or omissions that endanger the health and welfare of other members of the Air Force.

•	Deliberate acts or omissions that seriously endanger the health and safety of other persons.

•	Rape, sexual assault, aggravated sexual contact, abusive sexual contact, rape of a child, sexual assault of a child, sexual abuse of a child, forcible sodomy, and attempts to commit these offenses.

FINDINGS AND CONCLUSION

1.  The application is timely.  Given the requirement for passage of time, all clemency requests are technically untimely.  However, it would be illogical to deny a clemency application as untimely, since the Board typically looks for over 15 years of good conduct post-service.  Therefore, the Board declines to assert the three-year limitations period established by 10 U.S.C. § 1552(b).

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or 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 record.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-00314 in Executive Session on 28 May 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atch, dated 23 Sep 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, SAF/MRBC w/ Clemency Bulletin, dated 25 Feb 19.
Exhibit D:	Applicant’s Response w/ FBI Report, dated 1 May 19.

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