RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01388
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to a general (under honorable
conditions) or an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He entered the Air Force at the age of 17½ years. He indicates that he
only had an eighth grade education and was not prepared for the world.
In support of his appeal, the applicant provided a copy of his Enlistment
or Induction Record, Record of Trials by Courts Martial, and other
documentation.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Portions of the applicant's military personnel records were destroyed by
fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis,
Missouri. The available records indicate the following.
The applicant enlisted in the Army Air Corps on 5 September 1947 in the
grade of private for a period of three years.
On 9 September 1948, the applicant was convicted by a special court-martial
for the following offense:
Specification: The applicant did without proper leave, absent himself from
his organization and station from on or about 25 May 1948 to on or about 11
July 1948.
The applicant was found guilty of the specification. He was sentenced to
confinement at hard labor for one month and a forfeiture of $50.00 per
month for one month.
The sentence was approved on 9 September 1948.
On 10 January 1951, the applicant was convicted by a summary court-martial
for the following offense:
Charge: Violation of the 61st Article of War.
Specification: He did without proper leave, absent himself from his place
of duty from about 3 January 1951 to about 7 January 1951.
The applicant was found guilty of the specification and charge. He was
sentenced to confinement at hard labor for 20 days and a forfeiture of
$59.00.
The sentence was approved on 11 January 1951.
On 21 January 1951, Special Orders #6 indicates that the sentence was found
excessive and so much of the sentence as exceeded confinement at hard labor
for 20 days and forfeiture of $58.00 was vacated.
On 16 February 1951, the applicant was convicted by a summary court-martial
for the following offenses:
Charge I: Violation of the 61st Article of War.
Specification I: The applicant did without proper leave, absent himself
from his duty, from about 10 February 1951 to about 13 February 1951.
Charge II: Violation of the 96th Article of War.
Specification II: The applicant having been restricted to the limits of
Itazuke Air Base, did, on or about 10 February 1951, break said restriction
by going to Fukuoka, Japan.
The applicant was found guilty of all specifications and charges. He was
sentenced to confinement at hard labor for 30 days and a forfeiture of
$58.00.
The sentence was approved on 17 February 1951.
On 10 April 1951, the applicant was convicted by a summary court-martial
for the following offense:
Charge: Violation of the 61st Article of War.
Specification: The applicant did without proper leave, absent himself from
his duty, from about 2300 hours 5 April 1951 to about 0530 hours 7 April
1951.
The applicant was found guilty of the specification and charge. He was
sentenced to confinement at hard labor for 30 days and a forfeiture of
$63.00.
The sentence was approved on 10 April 1951.
On 9 June 1951, the applicant was convicted by a summary court-martial for
the following offense:
Charge: Violation of the Uniform Code of Military Justice, Article 86.
Specification: The applicant did without proper leave, absent himself from
his organization, and did remain so absent until on or about 8 June 1951.
The applicant was found guilty of the specification and charge. He was
sentenced to confinement at hard labor for 30 days and a forfeiture of
$50.00.
The sentence was approved on 12 June 1951.
The discharge file is not available for review.
On 12 July 1951 the applicant was discharged in the grade of private with
an undesirable discharge, under the provisions of AFR 39-17. He served 3
years, 4 months, and 28 days total active service with 160 days of lost
time.
A Federal Bureau of Investigation, dated 1 May 1966 indicates that on 11
January 1956 the applicant was arrested and charged for a lewd and indecent
act. He was sentenced to 30 days confinement. On 7 March 1956 he was
charged with violation of the Mann Act. He received three years probation.
On 14 March 1956 he was charged with the White Slave Traffic Act and was
sentenced to three years probation.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, they indicated that they were unable to identify
with an arrest record on the basis of information furnished - Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial. They indicated that based upon the limited
documentation in the file, they believe the discharge was consistent with
the procedural and substantive requirements of the discharge regulation in
effect at the time. Additionally, the discharge was within the discretion
of the discharge authority. The applicant did not submit any new evidence
or identify any errors or injustices that occurred in the discharge
processing. He provided no facts warranting an upgrade of his discharge.
He did not file a timely request.
The evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 30 May 2003, a copy of the Air Force evaluation was forwarded to the
applicant for review and response within 30 days. As of this date, no
response has been received by this office.
On 4 August 2003, the Board staff requested the applicant provide post-
service documentation within 14 days. As of this date, no response has
been received by this office (Exhibit F).
_________________________________________________________________
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 an error or injustice. Based upon the presumption of
regularity in the conduct of governmental affairs and without evidence to
the contrary, we must assume that the applicant's discharge was proper and
in compliance with appropriate directives. Therefore, based on the
available evidence of record, we find no basis upon which to favorably
consider this application.
4. Although the applicant did not specifically request consideration
based on clemency, we also find insufficient evidence to warrant a
recommendation that the discharge be upgraded on that basis. While the
current FBI is clean, a previous FBI reflects misconduct subsequent to his
discharge. Therefore, based on the evidence of record, we cannot conclude
that clemency is warranted.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of an 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 AFBCMR Docket Number BC-2003-
01388 in Executive Session on 4 September 2003 under the provisions of AFI
36-2603:
Ms. Patricia D. Vestal, Panel Chair
Ms. Nancy Wells Drury, Member
Mr. Robert H. Altman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 April 2003, w/atchs.
Exhibit B. Available Master Personnel Records.
Exhibit C. FBI Report - Negative.
Exhibit D. Letter, AFPC/DPPRS, dated 19 May 2003.
Exhibit E. Letter, SAF/MRBR, dated 30 May 2003.
Exhibit F. Letter, AFBCMR, dated 4 August 2003, w/atch.
PATRICIA D. VESTAL
Panel Chair
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