RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-01117
INDEX NUMBER: 110.00; A91.06
COUNSEL: NONE
HEARING DESIRED: YES
___________________________________________________________________
APPLICANT REQUESTS THAT:
His 23 December 1958 bad conduct discharge (BCD) be upgraded to
honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
His court-martial for insubordination was wrong. The only reason for
it was that he told all of the officers in command that all they did
was sit behind a desk all day and only fly four hours a month so they
could get their flight pay.
Applicant’s request is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force
on 25 June 1952 for a period of four years. During this enlistment he
attained the rank of airman first class (E-4). On 9 July 1955, he was
convicted by a summary court-martial of being disorderly in a public
place. He was sentenced to 30 days of restriction to the base and
forfeitures of $55. The record reflects that during this enlistment
he received two “Excellent” character and efficiency ratings, and one
Airman Performance Report (APR) with an overall rating of “Very Good.”
On 16 September 1955, he was honorably discharged for the purpose of
immediate reenlistment. He was credited with 3 years, 2 months, and
22 days of active service.
On 17 September 1955, he reenlisted for a period of six years. Prior
to the events under review, he attained the rank of staff sergeant.
On 15 February 1958, he received nonjudicial punishment under the
provisions of Article 15, UCMJ, for writing an insufficient funds
check. Punishment consisted of a reduction in grade from staff
sergeant to airman first class. The record reflects he received two
APRs during this enlistment with overall ratings of “Good.”
On 15 August 1958, the applicant pled guilty and was convicted by a
General Court-Martial of 13 specifications of larceny in violation of
Article 121 of the Uniform Code of Military Justice (UCMJ). The
larceny charges all relate to 13 bad checks the applicant wrote to
various businesses both on and off base between 29 March 1958 and
28 April 1958, totalling approximately $280. Applicant was sentenced
to a bad conduct discharge, forfeitures of $70 per month for six
months, and six months of confinement at hard labor. The sentence was
affirmed on 15 December 1958.
On 23 December 1958, he was discharged with a bad conduct discharge.
He was credited with 2 years, 10 months, and 28 days of active service
during this enlistment (excludes 131 days of lost time due to
confinement).
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided a copy of an investigation report,
which is attached at Exhibit C.
___________________________________________________________________
AIR FORCE EVALUATION:
The Associate Chief, Military Justice Division, AFLSA/JAJM, reviewed
the available records and concluded that administrative relief by
their office is not possible. There are no legal errors requiring
correction. JAJM recommended that the Board interpose the statute of
limitations or, if the statute of limitations is waived, that the
application be denied on its merits.
JAJM stated it is apparent the applicant does not remember that he was
court-martialed for writing bad checks rather than insubordination.
No significant legal errors occurred during the applicant’s court-
martial. The applicant pled guilty. His plea and sentence were later
affirmed on appeal. The only error that may have occurred is that the
applicant was sentenced to a BCD. The applicant’s DD Form 214
characterizes the applicant’s service as an administrative under other
than honorable conditions discharge as opposed to a punitive bad
conduct discharge. By today’s standards, writing $280 worth of bad
checks may not seem serious enough to warrant a trial by general court-
martial. However, this offense occurred in 1958 when the value of a
dollar was worth a lot more. Considering this, as well as the
applicant’s prior disciplinary history, trial by general court-martial
was appropriate in his case. A BCD is not inappropriate for the
offenses the applicant committed.
The complete evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
28 September 1998 for review and comment within 30 days. As of this
date, no response has been received by this office.
On 6 November 1998, the AFBCMR offered the applicant an opportunity to
provide information pertaining to his activities since leaving the
service. As of this date, no response has been received from the
applicant.
___________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. We found no evidence that
the applicant’s court-martial action and subsequent discharge were
improper or contrary to the provisions of the governing regulations in
effect at the time. Although the offenses committed by the applicant
were serious, we believe that he has been appropriately punished and
that no useful purpose will be served by the continued imposition of
the bad conduct discharge. We therefore believe that
recharacterization of his discharge to general is appropriate on the
basis of clemency. Noting evidence in the record of other
disciplinary problems during the period under review, we are not
persuaded that further relief in the form of a fully honorable
discharge is warranted. Therefore, we recommend that the applicant’s
records be corrected as indicated below.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 23 December 1958,
he was discharged with service characterized as general (under
honorable conditions).
___________________________________________________________________
The following members of the Board considered this application in
Executive Session on 14 January 1999, under the provisions of AFI 36-
2603:
Ms. Martha Maust, Panel Chair
Mr. Jackson A. Hauslein, Member
Ms. Ann L. Heidig, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Apr 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFLSA/JAJM, dated 1 Sep 98.
Exhibit E. Letter, SAF/MIBR, dated 28 Sep 98.
Exhibit F. Letter, AFBCMR, dated 6 Nov 98.
MARTHA MAUST
Panel Chair
AFBCMR 98-01117
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to[APPLICANT], be corrected to show that on 23 December
1958, he was discharged with service characterized as general (under
honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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The only error that may have occurred is that the applicant was sentenced to a BCD. Therefore, we recommend that the applicant’s records be corrected as indicated below. ___________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 23 December 1958, he was discharged with service characterized as general (under honorable conditions).
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