RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03003
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
The former member requested that his bad conduct discharge (BCD) be
upgraded.
On 30 Oct 03, the former member’s daughter advised that the former
member passed away on 9 Oct 03, and requested the processing of his
application be continued.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He only went absent without leave (AWOL) to support his girlfriend,
who later became his wife and the mother of his six children.
Documentation submitted in support of the appeal included the
former member’s DD Form 214, Report of Separation from the Armed
Forces of the United States, dated 7 Feb 53; a copy of his DD Form
230, Service Record; a medical note from his physician, dated
29 Aug 03, and a copy of his medical power of attorney, dated
19 Jun 03.
The complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 9 August 1951, the former member enlisted in the Regular Air
Force for a period of four years. Prior to the events under review
he was promoted to the grade of private first class. His grade at
the time of discharge was airman basic (AB/E-1).
On 17 Mar 52, he was convicted by Special Court-Martial for being
absent without leave (AWOL) from 1 Feb 52 to 5 Mar 52. His
punishment consisted of a reduction in grade to private, forfeiture
of $50 per pay for three months, and restriction to the limits of
the base for two months.
On 2 Sep 52, the former member was convicted by Special Court-
Martial for being AWOL from 3 May 52 to 23 Aug 52. His punishment
consisted of a BCD, forfeiture of $55 per month for six months, and
confinement at hard labor for six months. The sentence was
adjudged on 10 Sep 52. On 13 Oct 52, the convening authority
approved the sentence as adjudged. On 8 Dec 52, the Secretary of
the Air Force suspended execution of that portion of the sentence
involving the BCD until the member’s release from confinement.
On 7 Feb 53, the former member was discharged with a bad conduct
discharge. He was credited with a total of 7 months and 14 days of
active duty service (excludes 315 days of lost time due to AWOL and
confinement).
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS found that the discharge was consistent with the
procedural and substantive requirements of the discharge
regulation. Additionally, that the discharge was within the sound
discretion of the discharge authority. They also noted that the
former member did not submit any new evidence or identify any
errors or injustices that occurred in the discharge processing, or
provide any facts warranting an upgrade of his discharge.
Accordingly, they recommended his records remain the same and the
request be denied.
A complete copy of the Air Force evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The former member’s daughter responded to the evaluation by
reiterating the circumstances surrounding her father’s discharge
and that he was a great man.
A complete copy of the response is 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 error or injustice. The majority of
the Board finds that the discharge appears to be in compliance with
the governing regulations and they find no evidence to indicate
that the former member’s separation from the Air Force was
inappropriate. They find no evidence of error in this case and
after thoroughly reviewing the evidence of record, they do not
believe the former member has suffered from an injustice.
Additionally, they noted the absence of information regarding the
former member’s activities after leaving the service. Therefore,
based on the available evidence of record, the majority of the
Board finds no basis upon which to favorably consider this
application.
___________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2003-03003 in Executive Session on 3 December 2003, under the
provisions of AFI 36-2603:
Ms. Charlene Bradley, Panel Chair
Ms. Michelle Grace, Member
Mr. Christopher Carey, Member
By a majority vote, the Board recommended denial of the
application. Mr. Carey voted to grant, but he does not wish to
submit a Minority Report. The following documentary evidence was
considered:
Exhibit A. DD Form 149, dated 13 Sep 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRSP, dated 7 Oct 03.
Exhibit D. Letter, SAF/MRBR, dated 17 Oct 03.
Exhibit E. Letter, Applicant’s Daughter, dated 30 Oct 03.
CHARLENE BRADLEY
Panel Chair
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Case on AFBCMR: BC-2003-03003
After considering the evidence available for my review, I agree with
the minority member of the panel that the applicant’s request to have his
bad conduct discharge upgraded should be granted.
While the applicant’s bad conduct discharge may have been appropriate
for the circumstances at the time, I note he had to live with its adverse
effect for 50 years. Since it would serve no useful purpose to the Air
Force or to society in general to continue the nature of his discharge at
this late date and since it is apparent that he had been a responsible
citizen following his separation, it is my decision that the
characterization of his discharge should be upgraded to general (under
honorable conditions) on the basis of clemency.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AFBCMR BC-2003-03003
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 7 February
1953, he was discharged with service characterized as general
(under honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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