RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01750
INDEX CODE: 106.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 10 Dec 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be given a copy of the certificate [allegedly] upgrading his 1956
dishonorable discharge to general.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His undesirable discharge was upgraded in 1956 or 1957 to a general
under honorable conditions discharge. He misplaced his copy of the
record. He wrote to the National Personnel Records Center (NPRC) on
22 May 06, requesting a copy of this upgraded discharge certificate.
He needs it for both family and business reasons.
In support of his request, applicant provided a copy of his original
undesirable discharge certificate and the letter he sent to NPRC. The
applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to the NPRC’s 29 May 06 letter, the applicant’s records
probably were destroyed in the 1973 fire. A National Archives and
Records Administration Certification of Military Service and
reconstructed records indicate the following:
The applicant enlisted in the Air Force on 9 Feb 51, and was promoted
to airman first class in Feb 53. In Dec 53, he was assigned to HQ
6400th Supply Group in Japan in an administrative capacity. The
applicant apparently received an Article 15 in Jan 54 for bringing a
Japanese national on the base without permission. On 18 Oct 54, he
(and several others) was convicted by General Court-Martial (GCM) of
stealing radio tubes and conspiring to commit larceny. The sentence
of a dishonorable discharge, forfeiture of all pay and allowances, and
confinement at hard labor for 18 months was affirmed on 16 Feb 55.
The applicant’s request for clemency was denied on 11 Apr 55 and, on
18 Apr 56, he was dishonorably discharged in the grade of airman first
class.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Washington, D.C., indicated that on the basis of the data furnished,
they were unable to locate an arrest record (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFLSA/JAJM recommends denial. The applicant does not claim the
military justice action was inappropriate; he merely requests a copy
of a certificate showing that his discharge was upgraded from
dishonorable to general. He has provided no evidence that such an
upgrade was granted since it is a copy of this proof that he is
requesting. If the applicant could locate his copy of his upgraded
discharge, he could presumably make an arrangement directly with the
NPRC to correct his record. Reliance with this Board appears
misplaced. Without proof that an error injustice occurred, there is
no action this Board can take under these circumstances. Without
proof that his discharge was upgraded to general, it appears the
applicant will be required to work with and through the NPRC or other
sources to obtain the correct discharge certification. Unfortunately,
it appears any such record was likely destroyed in the 1973 fire.
The complete AFLSA/JAJM 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 14 Jul 06 for review and comment within 30 days (Exhibit
E). 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. The applicant asserts his 1956
dishonorable discharge was upgraded to general in 1956 or 1957 and
requests a copy of the upgraded discharge certificate. However,
available documentation not destroyed by the 1973 NPRC fire indicates
a GCM sentenced the applicant to a dishonorable discharge for
conspiring to commit larceny. The applicant has provided no evidence
demonstrating his service characterization, which had its basis in his
conviction by GCM in 1954 and was a part of the sentence of the
military court, was improper or exceeded the limitations set forth in
the Uniform Code of Military Justice (UCMJ). Furthermore, his appeal
for clemency was denied on 11 Apr 55. Consequently, neither the
existing evidence nor the applicant has established his discharge was
upgraded as he alleges and a general discharge certificate was issued.
In view of the foregoing, and in the absence of sufficient evidence
to the contrary, we find no compelling basis to recommend granting the
relief sought in this application.
4. We did note that, according to the FBI Report, the applicant has
no arrest record since his discharge. As the applicant appears unable
to establish to our satisfaction that his dishonorable was upgraded
and a general discharge certificate was issued as he claims, we
suggest he may wish to amend his application to a request for an
upgraded discharge on the basis of clemency. Should he provide
additional evidence pertaining to his post-service activities, the
Board may be willing to review his submission for possible
reconsideration. However, the applicant should be aware that
submission of post-service information does not guarantee the Board
will approve his request.
_________________________________________________________________
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 31 October 2006 under the provisions of AFI 36-
2603:
Ms. Martha J. Evans, Panel Chair
Ms. Jan Mulligan, Member
Mr. Wallace F. Beard, Jr., Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2006-01750 was considered:
Exhibit A. DD Form 149, dated 5 Jun 06, w/atchs.
Exhibit B. Reconstructed Master Personnel Records.
Exhibit C. FBI Report - Negative.
Exhibit D. Letter, AFLSA/JAJM, dated 10 Jul 06.
Exhibit E. Letter, SAF/MRBR, dated 14 Jul 06.
MARTHA J. EVANS
Panel Chair
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