RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03339
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
X XXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 4 MAY 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to general (under honorable conditions).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was 20 years old, intoxicated, and assured by his military counsel
that his discharge would be upgraded within six months of his
termination. The punishment of him having to live with this on his
record for over 40 years far out weigh the severity of his action.
In support of his application, applicant submitted a personal letter
and a copy of his Certificate of Military Service.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Available records indicate the applicant entered active duty 2
June 1960 and was discharged with a general (under honorable
conditions) discharge on 15 August 1962 in the grade of airman basic.
The remaining applicant’s military personnel records were destroyed by
fire in 1973. Therefore, the facts surrounding his service in the Air
Force cannot be verified.
On 17 April 1962, applicant was convicted by special court-martial for
the following specifications:
a. On or about 22 March 1962, applicant wrongfully appropriated
a 1952 Ford automobile, valued at more than $50.00.
b. On or about 22 March, without proper authority, absent
himself from his organization and did remain absent until on or about
28 March 1962.
He was sentenced to confinement at hard labor for three months,
forfeiture of $55.00 per month for three months and reduced to the
grade of airman basic. The sentence was adjudged on 5 April 1962 and
the convening authority approved the sentence and directed that
sentence be executed.
On 9 August 1962, applicant was convicted by special court-martial for
the following specifications:
a. On or about 29 June 1962, applicant wrongfully appropriated a
1956 Dodge automobile, valued at more than $50.00.
b. On or about 29 June 1962, applicant operated a vehicle in a
reckless manner by driving at a speed in excess of 40 miles per hour
and by driving across the lawn in front of the Base Confinement
Facility and over a concrete barrier in the parking lot in the
Transportation-Operations Squadron barracks area.
He was sentenced to be discharged from the service with a bad conduct
discharge. The sentence to a bad conduct discharge was commuted to a
forfeiture of $50.00 by the officer exercising general court-martial
jurisdiction.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS was unable to determine the propriety of the discharge
based on the lack of documentation in the master personnel records.
The applicant did not submit any evidence or identify any errors or
injustices that occurred in the discharge processing. DPPRS defers to
the Board to determine if the applicant should be granted relief based
on limited supporting documentation in his master personnel records.
AFPC/DPPRS complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
23 November 2005, for review and comment within 30 days. As of this
date, no response has been received by this office.
______________________________________________________________
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. The only other
basis upon which to upgrade his discharge would be based on clemency.
However, applicant has failed to provide documentation pertaining to
his post service activities. Should he provide documentary evidence
pertaining to his post service activities we would be willing to
reconsider his appeal. In the absence of such evidence, favorable
action is not recommended. Therefore, based on the available evidence
of record, we find no basis upon which to favorably consider this
application.
_________________________________________________________________
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 Docket Number BC-2005-
03339 in Executive Session on 5 January 2006, under the provisions of
AFI 36-2603:
Mr. John B. Hennessey, Panel Chair
Mr. Joseph D. Yount, Member
Mr. Charles E. Bennett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Aug 05.
Exhibit B. Applicant's Reconstructed Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 16 Nov 05.
Exhibit D. Letter, SAF/MRBR, dated 23 Nov 05.
JOHN B. HENNESSEY
Panel Chair
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