RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-
00457
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 19 AUGUST 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to an under honorable
conditions (general) discharge.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was 17 years old when he used bad judgment in the theft of a
radio. He is now a double amputee and would like VA benefits.
In support of his appeal, applicant provided a copy of his DD Form
214, Armed Forces of the United States Report of Transfer or
Discharge.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 14 January 1954, for
a period of four years in the grade of airman basic. His highest
grade held was airman third class.
On 10 May 1957, a special court-martial convicted applicant of
wrongful possession of a tape recorder valued at $50 or less and
more than $20, the property of a fellow airman. Applicant pled
guilty to the specification and the charge. The military judge
found him guilty of the charge, and sentenced him to a bad conduct
discharge (BCD), confinement for six months, and forfeiture of $65
pay per month for six months.
One previous conviction was considered in this case. Applicant was
previously convicted by summary court on 6 Dec 56 for being
disorderly. He was sentenced to two weeks restriction to base,
reduction in grade to airman basic, and forfeiture of $50.
The convening authority approved the sentence on 4 Jun 57, and the
court-martial was affirmed on 16 Sep 57. Applicant was discharged
with a BCD on 1 Oct 57. He was credited with 2 years, 4 months,
and 3 days of active military service (excludes 151 days lost time
due to confinement).
Pursuant to the request of the Board on 29 Mar 06, the Federal
Bureau of Investigation, Clarksburg, West Virginia, indicated on
11 Apr 06, that, on the basis of data furnished, they are unable to
locate an arrest record (Exhibit C).
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends the application be denied, and states, in
part, based on the documentation on file in the master personnel
records, the discharge was consistent with the procedural and
substantive requirements of the discharge regulation. The
discharge was within the discretion of the discharge authority.
The applicant did not submit any evidence or identify any errors or
injustices that occurred in the discharge processing.
Additionally, the applicant provided no facts warranting a change
to his character of service.
A complete copy of the Air Force evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 10 Mar 06 for review and comment within 30 days. To date, a
response has not been received (Exhibit E).
On 20 Apr 06, the AFBCMR offered the applicant an opportunity to
provide information pertaining to his activities since leaving the
service. The applicant responded with a personal letter sharing
some of things that have transpired in his life since his
discharge. Shortly after his dismissal, he met and wed his life-
long companion. They have three sons and several grandchildren.
He was employed 35 years with the same company. He had to retire
due to health reasons. He was diagnosed with Neuropathy which
eventually resulted in having both of his legs amputated above the
knee. He is an active member of his Church. He realizes the
mistake he made years ago and has had to live with the consequences
ever since. He provides letters from his son and his pastor.
Applicant’s complete response, with attachments, is at Exhibit G.
___________________________________________________________________
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 applicant’s
discharge has its basis in his trial and conviction by special
court-martial. We have considered applicant’s overall quality of
service, the seriousness of the offenses which led to his
discharge, and the available evidence related to post-service
activities and accomplishments. Based on the current evidence of
record, we cannot conclude that clemency is warranted at this time.
In the absence of sufficient post-service evidence, favorable
action is not recommended in this case.
___________________________________________________________________
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 Docket Number BC-2006-
00457 in Executive Session on 8 June 2006, under the provisions of
AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Todd L. Schafer, Member
Mr. John B. Hennessey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Feb 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFPC/DPPRS, dated 3 Mar 06.
Exhibit E. Letter, SAF/MRBR, dated 10 Mar 06.
Exhibit F. Letter, AFBCMR, dated 20 Apr 06.
Exhibit G. Letter, Applicant, w/Letters of
Character Reference.
WAYNE R. GRACIE
Panel Chair
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