RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03533
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge beupgraded to general.
________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant provided no contentions.
In support of his application, he submits a copy of his WD 53-59, Enlisted
Record of Separation Undesirable Discharge.
The applicant’s complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 22 Jul 46, the applicant enlisted in the Regular Air Force at the age of
21.
On 20 Jun 49, the applicant was tried and found guilty by a special court-
martial for wrongfully and unlawfully soliciting and receiving from another
airman, $1.00 or more, lawful money, in return for assistance given by him,
under color of his office, in obtaining for airman transportation on a
military aircraft.
The applicant was sentenced to confinement at hard labor for six months,
reduction to the lowest enlisted grade and forfeiture of $30.00 pay per
month for six months.
In a letter dated 22 Jun 49, the applicant's commander indicated that the
applicant was totally unfit for further retention in the Air Force because
of misconduct. He states the applicant admitted in writing during an
official investigation that he solicited and accepted money for a
Government parachute which was wrongfully obtained from a sailor. He also
fired a carbine for which disciplinary action was withheld pending
completion of investigation involving Government parachutes. The applicant
was reported to be negligent in personal cleanliness and had shown an
unwillingness to comply with orders issued in connection with the policy
governing his quarters.
The sentence was affirmed by Special Order No. 74 dated 15 Jul 49 and the
applicant was discharged from the Air Force on 15 Jul 49 with an
undesirable discharge.
In response to the Board’s request, the FBI indicated they were unable to
identify with an arrest record pertaining to the applicant on the basis of
information furnished (Exhibit C).
On 5 Feb 08, a request for post-service information was forwarded to the
applicant for response within 30 days. To date, no response has been
received (Exhibit D).
________________________________________________________________
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. We took notice of the applicant's
complete submission in judging the merits of the case; however; based on
the available evidence of record, it appears the discharge was consistent
with the substantive requirements of the discharge regulation and within
the commander's discretionary authority. The applicant has provided no
evidence which would lead us to believe the characterization of the service
was contrary to the provisions of the governing regulation, unduly harsh,
or disproportionate to the offenses committed. We considered upgrading the
discharge based on clemency; however, we do not find the evidence presented
is sufficient to compel us to recommend granting the relief sought on that
basis. Therefore, in the absence of evidence to the contrary, we find no
basis upon which to recommend granting the relief sought.
________________________________________________________________
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 20 March 2008, under the provisions of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Ms. Renee M. Collier, Panel Member
Ms. Lea Gallogly, Panel Member
The following documentary evidence was considered in AFBCMR BC-2007-03533:
Exhibit A. DD Form 149, dated 18 Oct 07, w/atch.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. FBI Report, undated.
Exhibit D. Letter, AFBCMR, dated 5 Feb 08 w/atchs.
JAMES W. RUSSELL III
Panel Chair
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