RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00807 

 COUNSEL: 

 HEARING DESIRED: 
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APPLICANT REQUESTS THAT: 

 

His undesirable discharge be changed to a medical, under 
honorable conditions discharge. 

 

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APPLICANT CONTENDS THAT: 

 

He was never placed in the state prison in Utah. He was on 
probation in New York and his sergeant was fully aware of 
his location because he had to testify at his hearing. He 
feels that an undesirable discharge was harsh; however, if 
he was going to be released, it should have been for a 
medical disability. In addition, the surgery that was 
performed in 1955 to repair a bunion on his foot continues 
to give him problems and he is unable to receive medical 
attention due to the type of discharge he has received. 

 

In support of his application, the applicant provides a 
personnel statement, a copy of his DD Form 214, Report of 
Separation From the Armed Services of the United States, and 
a copy of his medical record. 

 

Applicant's complete submission, with attachments, is at 
Exhibit A. 

 

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STATEMENT OF FACTS: 

 

Based on the available information in the applicant's master 
personnel record, he enlisted in the Air Force on 8 March 
1954 as an airman basic. 

 

On 25 January 1955, the applicant received punishment under 
Article 15, Uniform Code of Military Justice (UCMJ), for 
failure to go at the time prescribed to his appointed place 
of duty. His punishment consisted of being restricted to 
the base for 14 days. 

 

On 5 October 1955, the applicant received punishment under 
Article 15, UCMJ, for remaining absent on or about 3 October 


1955. His punishment consisted of reduction to the grade of 
airman basic. 

 

On 28 November 1955, the applicant entered a plea of guilty 
in a civilian court in Utah on the charge of robbery. 

 

On 13 January 1956, the applicant was notified of his 
commander’s intent to recommend him for discharge from the 
Air Force under the provisions of Air Force Regulation (AFR) 
39-22 for a conviction by a civil court. 

 

The applicant was discharged on 23 January 1956 in the grade 
of airman basic (AB) under the provisions of AFR 39-22, Enlisted Personnel, Disposition of Individuals Convicted by 
Civil Court, with an undesirable discharge. He had 1 year, 
7 months and 23 days of active military service. He had 
84 days of lost time. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI), Clarksburg, WV, provided a copy of an 
Investigation Report, which is at Exhibit C. 

 

A copy of the FBI report and a request for post-service 
information were forwarded to the applicant. In response, 
the applicant submits a letter clarifying the incidents on 
the report (Exhibit E). 

 

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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 an error or an injustice. 
After a thorough review of the evidence of record and 
applicant’s submission, we are not persuaded the reason for 
discharge should be changed to medical under honorable 
conditions. We are not persuaded by the evidence presented 
that the commander abused his discretionary authority when 
he initiated the discharge action due to the applicant’s 
civil conviction for robbery. The discharge appears to be in 
compliance with the governing directives and we find no 
evidence to indicate that his separation from the Air Force 
was inappropriate. We find no evidence of error in this 
case and after thoroughly reviewing the documentation that 
has been submitted in support of applicant's appeal, we do 
not believe he has suffered from an injustice. In addition, 


based on his overall record of service and the absence of 
evidence related to his post-service activities and 
accomplishments, we are not persuaded that an upgrade of the 
characterization of his discharge is warranted on the basis 
of clemency. 

 

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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 the application was denied without a 
personal appearance; and 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 AFBCMR Docket 
Number BC-2009-00807 in Executive Session on 5 November 
2009, under the provisions of AFI 36-2603: 

 

 

The following documentary evidence pertaining to Docket 
Number BC-2009-00807 was considered: 

 

 Exhibit A. DD Form 149, dated 13 Feb 09, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report, dated 18 Aug 09. 

 Exhibit D. Letter, AFBCMR, dated 8 Oct 09. 

 Exhibit E. Applicant's Response, undated.