ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1991-01020-2
INDEX CODE: 110.02
XXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests his bad conduct
discharge be upgraded to honorable.
_________________________________________________________________
STATEMENT OF FACTS:
On 2 November 1951, the applicant enlisted in the Regular Air Force at the
age of 17 in the grade of airman basic (E-1) for a period of four years.
On 17 September 1952, the applicant was tried by a special court-martial
for a charge of failure to go to his appointed place of duty and
disobedience of a lawful order. Following pleas of not guilty, the court
found him guilty and sentenced him to a bad conduct discharge, confinement
at hard labor for six months, and forfeiture of $55 a month for six months.
On 14 February 1953, the applicant was discharged under the provisions of
AFR 39-18, Special Court-Martial Order 91, with a bad conduct discharge.
He served 7 months, and 25 days on active duty with 228 days of lost time.
On 6 August 1991, the applicant’s request to have his bad conduct discharge
upgraded to honorable was considered and denied by the Board. For an
accounting of the facts and circumstances surrounding the applicant’s
service and the Board’s consideration of the appeal, see the Record of
Proceedings at Exhibit F.
On 5 May 2003, the applicant submitted a request for reconsideration
through his congressman. To support his request, the applicant submits
numerous character references and personal accomplishments. The
applicant’s complete submission, with attachments, is at Exhibit G.
According to the Federal Bureau of Investigation Report Number 792606C
dated 13 June 2003, the applicant has had no other convictions since those
events cited in the report at Exhibit C.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
In earlier findings, the Board determined that there was insufficient
evidence to warrant an upgrade of the applicant’s discharge based on
clemency. After a careful reconsideration of his request and his most
recent submission, we do not find it sufficiently compelling to warrant a
revision of the Board’s earlier determination in this case. We have
reviewed the documents provided by the applicant and the numerous letters
of character reference indicating he has become a law-abiding member of his
community since 1984. However, we also note it has been 51 years since his
discharge and that for more than 30 years after his separation, the
applicant accumulated an arrest record of crimes and probation violations
through 1984. Traditionally, this Board has exercised its authority to
recommend relief in cases such as the applicant’s based on clemency upon
the submission of substantial evidence of a successful post-service
rehabilitation over an extended period of time. While we believe the
applicant is sincere in his professions of contrition for the misconduct
that led to his separation, the number and severity of crimes in his arrest
record for more than one half of his post-service period do not, in our
estimation, provide evidence of a sufficient length, quality and quantity
of demonstrated good citizenship to warrant the approval of the requested
relief based on clemency. Accordingly, we find no basis to act favorably
on his request for an upgrade of his discharge at this time. Should the
applicant continue in a responsible manner and provide evidence of a
lengthy and established pattern of good citizenship, he may, of course,
submit a request for clemency at a later time.
_________________________________________________________________
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 this application in Executive
Session on 23 October 2003, under the provisions of AFI 36-2603:
Mr. Joseph A. Roj, Panel Chair
Ms. Beth M. McCormick, Member
Mr. James E. Short, Member
The following documentary evidence for AFBCMR Docket Number BC-1991-01020-2
was considered:
Exhibit F. Record of Proceedings, dated 15 August 1991,
with Exhibits.
Exhibit G. Congressional Letter, dated 21 May 2003,
with attachments.
JOSEPH A. ROJ
Panel Chair
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