AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
3UL 0 7 5998
IN THE MATTER OF:
I 1
DOCKET NUMBER: 96-03341
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His bad conduct discharge be upgraded.
APPLICANT CONTENDS THAT:
He has provided documentation showing that he was- a good
policeman and a good person. He made a mistake for which he has
paid a lifetime. He tried to do what was right and failed.
In support of his appeal, the applicant provided a personal
statement, several supportive statements, and copies of his
Airman Performance Reports (APRs) .
Applicant's complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially enlisted in the Regular Air Force on
20 Nov 69. He was honorably discharged on 7 Dec 72 in the grade
of sergeant. He reenlisted on 8 Dec 72 for a period of four
years. Prior to the matter under review, the applicant was
progressively promoted to the grade of staff sergeant.
Applicant's Airman/Enlisted Performance Report (APR/EPR) profile
fol~ows :
PERIOD ENDING
EVALUATION
4 Jan 71
4 Jul 71
7 Feb 72
7 Feb 73
20 Nov 73
20 Nov 74
8
8
9
9
9
7
i
On 11 Feb 75, the applicant received nonjudicial punishment under
Article 15 for failure to go to his appointed place of duty. He
received a suspended reduction from the grade of staff sergeant
to sergeant.
On 28 Aug 75, the applicant was convicted by special court-
martial of the following five specifications: (1) on 13 May 75,
stealing a guitar of a value of about $35; (2) on 12 Jul 75,
stealing a radio-cassette player of a value of about $60; (3) on
2 Aug 75, stealing British currency and United States currency of
a total value of about $277.15; (4) on 4 Aug 75, stealing British
currency and United States currency of a total value of about
$323; (5) on 11 Aug 75, stealing 16 pounds of British currency,
and $234 of United States currency, of a total value of about
$271.60. He was sentenced to be discharged with a bad conduct
discharge, to be confined for a period of four months, and to be
reduced in grade to airman basic (E-1). The convening authority
approved the sentence as adjudged.
On 5 Jan 76, the approved sentence of the special court-martial
having been affirmed, the applicant's discharge was ordered into
execution. He was discharged with a bad conduct discharge on
29 Jan 76. He was credited with 5 years, 11 months and 2 days of
total active duty service. He had 99 days of lost time.
Pursuant to the Board% request, the Federal Bureau of
Investigation, Washington, DC, indicated that, on the basis of
data furnished, they are unable to locate an arrest record.
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 toytimely file.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice. No
evidence has been presented to indicate that the applicant's
service characterization, which had its basis in his conviction
by special court-martial and was a part of the sentence of the
military court, was improper. However, in view of the passage of
time and the evidence provided by the applicant regarding his
post-service adjustment, a majority of the Board believes the
continued stigma of a bad conduct discharge is unduly harsh and
no longer serves any useful purpose. Accordingly, based on
clemency, the Board majority recommends that the applicant I s bad
conduct discharge be upgraded to general.
2 ,
AF'BCMR 96-03341
8
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that, on 29 Jan 76,
he was discharged with service characterized as general (under
honorable conditions).
i
The following members of the Board considered this application in
Executive Session on 15 May 98, under the provisions of AFI 36-
2603 :
Mr. LeRoy T. Baseman, Panel Chair
Mr. Steven A. Shaw, Member
Mr. Parker C. Horner, Member
By a majority vote, the Board voted to correct the records, as
recommended. Mr. Shaw voted to deny the appeal but did not
desire to submit a minority report. The following documentary
evidence was considered:
Exhibit A. DD Form 149, dated 4 Nov 96, w/atchs. -
Exhibit B. Applicant's Master Personnel Records.
LEROY T. BASEMAN
Panel Chair
-
3
.
AFBCMR 96-03341
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