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AF | BCMR | CY1998 | 9603341
Original file (9603341.pdf) Auto-classification: Approved
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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