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).

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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.

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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.

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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.

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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