RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02921
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His dishonorable discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His only crime was cashing a $10 check, with insufficient funds; and,
going to the NCO Club with another member’s club card, with his
permission. He has never committed or been charged with any crimes
since leaving the Air Force.
In support of his request, the applicant submits a copy of his WD AGO
Form 53 (Enlisted Record and Report of Separation) and additional
documents associated with the issues cited in his contentions (Exhibit
A).
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's military personnel records reflect that he enlisted in the
Regular Air Force on 26 March 1946 for 3 years. He was honorably
discharged on 25 January 1949. On 20 June 1949, he reenlisted in the
Regular Air Force for a period of 3 years.
On 6 April 1950, applicant was tried and found guilty before a summary
court-martial at Chanute AFB, IL, for being absent without leave
(AWOL) from 1 April to 6 April 1950, in violation of the 61st Article
of War. He was sentenced to reduction in grade to private, 15 days
restriction and forfeiture of $25 of his pay.
On 2 August 1950, the applicant was issued a letter of “Non-
Conformance with Air Force Standards” by his commander for being late
for work on 8 July and 24 July 1950 and for being drunk and disorderly
on 31 July 1950.
On 9 August 1950, applicant was tried and found guilty before a
summary court-martial at Williams AFB, AZ, for breaking restriction by
going to Phoenix, AZ, on or about 31 Jul 50, in violation of the 96th
Article of War. He was sentenced to confinement at hard labor for 1
month and forfeiture of $50 of his pay.
On 18 August 1950, applicant was tried and found guilty before a
summary court-martial at Williams AFB for threatening language toward
an NCO while in execution of his office and for being drunk and
disorderly in station, on or about 6 August 1950. He was sentenced to
confinement at hard labor for 1 month and forfeiture of $50 of his
pay.
On 18 April 1951, applicant was tried and found guilty before a
summary court-martial at Williams AFB for being drunk and disorderly
in uniform in a public place, to wit; the Post Exchange Cafeteria, in
violation of the 96th Article of War. He was sentenced to reduction
in grade from private first class to private, confinement at hard
labor for 1 month and forfeiture of $50 of his pay.
On 5 October 1951, applicant was tried and found guilty before a
summary court-martial at Williams AFB for breaking restriction, on or
about 1 October 1951, in violation of Article 134, UCMJ. He was
sentenced to confinement at hard labor for one month and forfeiture of
$50.
On 17 January 1952, applicant was tried and found guilty before a
general court-martial at Williams AFB for violation of Article 121,
UCMJ: Specifications were: stealing about $10 from the VFW “Foxhole”,
on or about 16 August 1951; $5 from the “White House,” on or about 17
August 1951; $10 from Frank D--- and $10 from Vincenczo M---, on or
about 4 September 1951. Violation of Article 123, UCMJ, on or about
15 and 16 September 1951, with intent to defraud, falsely made the
signature of Richard J--- to certain writings and check in the amounts
of $5, $5, $5 and $25 respectively. He plead not guilty to and was
found guilty of all the specifications and charges and sentenced to be
dishonorably discharged, forfeiture of all pay and allowances and
confined at hard labor for 3 years (five previous convictions were
considered). The sentence was approved by the convening authority on
1 April 1952. On 11 September 1952, the Air Force Board of Review set
aside the findings of guilty of Charge II and all specifications
thereunder and affirmed the sentence as modified to provide for a
dishonorable discharge, forfeiture of all pay and allowances and
confinement at hard labor for 1 year and 6 months.
On 17 September 1952, the applicant was dishonorably discharged under
the provisions of AFR 39-18. He had completed a total of 4 years, 10
months and 6 days and was serving in the grade of airman basic at the
time of discharge.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated that, on the basis of data furnished, they
are unable to locate an arrest record.
_________________________________________________________________
AIR FORCE EVALUATION:
The Directorate of Personnel Program Management, HQ AFPC/DPPRS, stated
that the applicant was convicted at a general court-martial of four
specifications of stealing a total of $35 from various establishments
and individuals. He was sentenced to a dishonorable discharge and one
year and 6 months’ confinement. At the time of his discharge he had
444 days of lost time. The applicant did not submit any new evidence
or identify any errors in the court-martial proceedings or the
discharge processing that caused him an injustice. DPPRS recommend
the applicant’s appeal for an upgrade of the discharge he received 47
years ago be denied (Exhibit C).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinion and indicated that the $10
check, cashed by the bar owner, was nothing more than a promissory
note. The check was sent to the bank by mistake. His squadron
commander, who brought the charges against him, was aware of the
above. He had the sergeant’s permission to cash “chit books” for a
total of approximately $15. He was never informed that he was going
to be court-martialed until he was told to report to the legal office
on base. At his court-martial hearing, he stated that he was not
guilty of stealing the sergeant’s chit books and falsely obtaining the
$10 from the bar owner - all they had to do was ask the bar owner. A
complete copy of the applicant’s response is appended at Exhibit E.
_________________________________________________________________
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 probable error or injustice. We have reviewed the
court-martial proceedings and subsequent discharge and believe them to
be proper and in accordance with appropriate directives then in
effect. In addition, the Board took into consideration the overall
nature of the applicant’s service in arriving at a decision to deny
the requested action. Although the applicant provided documentation
regarding his post-service activities, we find this information to be
of limited scope and, in our view, it does not meet the criteria for a
favorable recommendation based on clemency and compassion. We
therefore conclude that no basis exists to recommend favorable action
on the applicant’s request.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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 this application in
Executive Session on 4 May 1999, under the provisions of AFI 36-2603:
Mr. Terry A. Yonkers, Panel Chair
Mr. Clarence D. Long, III, Member
Mr. Joseph A. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Oct 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 2 Nov 98.
Exhibit D. Letter, SAF/MIBR, dated 14 Dec 98.
Exhibit E. Letter from applicant, undated.
TERRY A. YONKERS
Panel Chair
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