RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02666
INDEX CODE: 106.00
XXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to a “desirable discharge.”
________________________________________________________________
APPLICANT CONTENDS THAT:
During the time he was in the Air Force, it was very difficult for Blacks. Discrimination was very much alive, and it was hard for Blacks to receive fair treatment. Some people were very prejudiced, and Blacks and Whites received different treatment when it came to punishment. He does not remember why he received the type of discharge he received and is asking for a second chance as he would handle things differently if he could go back in time.
In support of his appeal, he has provided copies of a personal statement and a Medical Statement from a Family Medicine PLLC stating that he is being treated for Dementia. Additionally, his DD Form 149 indicates that the form was signed by his spouse in his behalf.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 31 March 1952, and served in the vehicle transportation career field until his discharge. Although not used as a basis for discharge, his records indicate that he was convicted by a Summary Court-Martial of, on or about 30 August 1953, operating a 37-passenger U.S. Air Force bus in a reckless manner by moving dangerously in and out of traffic, and driving side-by-side with another 37-passenger U.S. Air Force bus at a speed in excess of 50 miles per hour. Punishment consisted of being restricted to the limits of Williams AFB, AZ, for 14 days and forfeiture of $25.00.
On 1 March 1954, the applicant’s commander requested that he be discharged with an Undesirable Discharge due to his conviction by the Arizona Superior Court of Maricopa County of the felony offense of bigamy, for which he was given a suspended sentence of one year and was further ordered to report once a month to the Adult Probation Officer concerning his conduct and activities.
On 8 March 1954, the applicant was discharged in the grade of airman third class (E-2) for misconduct – conviction by civil court, with an undesirable service characterization. He served a total of 1 year, 11 months, and 8 days of active service.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), , provided a copy of an Investigation Report which is at Exhibit C. On 30 October 2008, a copy of the FBI report and a request for post-service information was forwarded to the applicant for review and comment within 30 days. However, as of this date, no response has been received by this office.
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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. We took notice of the applicant's complete submission in judging the merits of the case and his contentions are noted; however, we find no evidence of an error or injustice that occurred in the discharge processing. 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 that 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, in the absence of documentation pertaining to his post-service accomplishments, we cannot conclude that it is warranted. Should he provide documentary evidence pertaining to his post-service activities, we would be willing to reconsider his appeal. Therefore, we find no basis upon which to recommend granting the relief sought.
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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.
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The following members of the Board considered Docket Number BC-2008-02666 in Executive Session on 16 December 2008, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Alan A. Blomgren, Member
Mr. Elwood C. Lewis, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. USDOJ FBI Report.
Exhibit D. Letter, AFBCMR, dated 30 Oct 08, w/atchs.
CHARLENE M. BRADLEY
Panel Chair
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