RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01815 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His undesirable discharge be upgraded to honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was beat up by two white men. At the time it was unacceptable 
to dispute the word of a white man. As a result he was placed in 
the guard house. 

 

He has not received any benefits for the time he served during 
World War II because of his discharge status. 

 

He was not aware he could dispute the conditions of his discharge 
until now. He is currently homeless and seeking benefits, and in 
order to get them he needs his discharge changed immediately. 

 

He put his life on the line for his country and deserves the 
credit due him. 

 

In support of his request, the applicant provides copies of his 
WD AGO Form 53-59, Enlisted Record and Report of Separation; NA 
Form 13038, Certificate of Military Service, and a letter from 
the National Personnel Records Center (NPRC). 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s master personnel records were destroyed in the 
1973 fire at the NPRC. Therefore, only a reconstructed record is 
available for review. The available records indicate the 
following: 

 

On 18 Dec 45, the applicant entered active duty in the Army Air 
Corps. 

 

On 23 Apr 49, the applicant was notified to appear before a board 
of officers to determine his retention in the service because of 
undesirable traits of character. The following is a list of the 


applicant’s convictions: (1) He was tried and convicted by 
Special Court Martial for taking the property (a billfold and 
personal effects) of another airman; (2) He was tried and 
convicted by a Summary Court Martial for failing to report to his 
commanding officer that he had contracted a venereal disease 
(VD); (3) He was tried and convicted by a Special Court Martial 
for leaving his post without authority; and (4) He was tried and 
convicted by a Summary Court Martial for being absent without 
leave (AWOL) from on or about (o/a) 15 Mar 49 to o/a 21 Mar 49. 

 

The applicant acknowledged receipt of the notification and 
indicated he did not desire legal counsel or witnesses in his 
behalf. On 27 Apr 49, the board of officers convened and 
recommended the applicant be discharge with an undesirable 
discharge. The discharge authority approved the separation and 
on 17 May 49, he was discharged under the provisions of AR 615-
368, Unfitness - Undesirable Habits or Traits of Character, and 
received an undesirable discharge. 

 

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

 

On 21 Nov 12, a copy of the FBI report was forwarded to the 
applicant for review and comment within 30 days. At the same 
time, the applicant was offered an opportunity to provide 
information pertaining to his activities since leaving the 
service (Exhibit D). 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 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 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, based on the information contained in his FBI report we 


do not recommend granting the relief sought on that basis. 
Therefore, in the absence of evidence to the contrary, we find no 
basis upon which to recommend granting the relief sought. 

 

_________________________________________________________________ 

 

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. 

 

_________________________________________________________________ 

 

The following members of the Board considered Docket Number 
BC-2012-01815 in Executive Session on 24 Jan 13, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence pertaining to Docket Number 
BC-2012-01815 was considered: 

 

 Exhibit A. DD Form 149, dated 2 May 12, w/atchs. 

 Exhibit B. Applicant's Available Master Personnel Records. 

 Exhibit C. FBI Report of Investigation, dated 6 Jun 12. 

 Exhibit D. Letter, SAF/MRBR, dated 21 Nov 12. 

 

 

 

 

 Panel Chair