RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2003-00040
INDEX CODE 106.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 1963 undesirable discharge be upgraded to general.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was 21 years old and there was a lot of racial bias then. Also, he
took the fall for others.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Most of the applicant’s records were destroyed in the Jul 73 fire at
the National Personnel Records Center (NPRC).
The applicant enlisted on 22 Jul 59. He was convicted by a summary
court-marital on 4 Nov 60 for being absent without leave (AWOL) from
17 Oct to 3 Nov 60 (during which time he got married on 25 Oct 60). He
was reduced to airman basic, confined to hard labor for 30 days, and
forfeited $55.00. On 10 Jan 63, he pled guilty to and was convicted
of two specifications of stealing and selling government property
valued less than $40.00 (several packages of sandpaper and 24 rolls of
masking tape) by special court-martial. His punishment was confinement
to hard labor for three months, forfeiture of $25.00 per month for
three months and reduction from airman third class to airman basic.
The sentence was adjudged on 23 Jan 63. There is no DD Form 214, but
there is a Certification of Military Service dated 27 Apr 88,
indicating he was given an undesirable discharge on 8 Mar 63.
Pursuant to the Board's request, the Federal Bureau of Investigation
(FBI), Washington, D.C., provided an investigative report, which is
attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS provided their rationale for recommending denial.
A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 28 Feb 03 for review and comment within 30 days. As of
this date, this office has received no response.
On 14 Apr 03, a complete copy of the FBI Report was forwarded to the
applicant for review and comment within 15 days. As of this date,
this office has received no response.
_________________________________________________________________
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 error or injustice to warrant upgrading the
applicant’s discharge. Although most of his records were destroyed in
1973, enough information remains to reveal he was convicted twice by
summary court-martial; first in 1960 for being AWOL and again in 1963
for stealing and selling government property. These offenses supported
the undesirable discharge and the applicant has not shown its
characterization should be changed on the grounds of discrimination,
error or injustice. Further, the FBI investigative report indicates
his behavior worsened after his separation. Consequently, we find no
justification to recommend upgrading the discharge on the basis of
clemency. We therefore agree with the recommendations of the Air Force
and, absent persuasive evidence to the contrary, find no compelling
reason to recommend granting the relief sought.
_________________________________________________________________
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 15 May 2003 under the provisions of AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Mr. Grover L. Dunn, Member
Mr. James A. Wolffe, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2003-00040 was considered:
Exhibit A. DD Form 149, dated 11 Jan 03.
Exhibit B. Applicant's Limited Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 19 Feb 03.
Exhibit E. Letter, SAF/MRBR, dated 28 Feb 03.
Exhibit F. Letter, AFBCMR, dated 14 Apr 03.
ROBERT S. BOYD
Panel Chair
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