RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00807
COUNSEL:
HEARING DESIRED:
____________________________________________________________
_____
APPLICANT REQUESTS THAT:
His undesirable discharge be changed to a medical, under
honorable conditions discharge.
____________________________________________________________
_____
APPLICANT CONTENDS THAT:
He was never placed in the state prison in Utah. He was on
probation in New York and his sergeant was fully aware of
his location because he had to testify at his hearing. He
feels that an undesirable discharge was harsh; however, if
he was going to be released, it should have been for a
medical disability. In addition, the surgery that was
performed in 1955 to repair a bunion on his foot continues
to give him problems and he is unable to receive medical
attention due to the type of discharge he has received.
In support of his application, the applicant provides a
personnel statement, a copy of his DD Form 214, Report of
Separation From the Armed Services of the United States, and
a copy of his medical record.
Applicant's complete submission, with attachments, is at
Exhibit A.
____________________________________________________________
_____
STATEMENT OF FACTS:
Based on the available information in the applicant's master
personnel record, he enlisted in the Air Force on 8 March
1954 as an airman basic.
On 25 January 1955, the applicant received punishment under
Article 15, Uniform Code of Military Justice (UCMJ), for
failure to go at the time prescribed to his appointed place
of duty. His punishment consisted of being restricted to
the base for 14 days.
On 5 October 1955, the applicant received punishment under
Article 15, UCMJ, for remaining absent on or about 3 October
1955. His punishment consisted of reduction to the grade of
airman basic.
On 28 November 1955, the applicant entered a plea of guilty
in a civilian court in Utah on the charge of robbery.
On 13 January 1956, the applicant was notified of his
commanders intent to recommend him for discharge from the
Air Force under the provisions of Air Force Regulation (AFR)
39-22 for a conviction by a civil court.
The applicant was discharged on 23 January 1956 in the grade
of airman basic (AB) under the provisions of AFR 39-22, Enlisted Personnel, Disposition of Individuals Convicted by
Civil Court, with an undesirable discharge. He had 1 year,
7 months and 23 days of active military service. He had
84 days of lost time.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report, which is at Exhibit C.
A copy of the FBI report and a request for post-service
information were forwarded to the applicant. In response,
the applicant submits a letter clarifying the incidents on
the report (Exhibit E).
____________________________________________________________
_____
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 an error or an injustice.
After a thorough review of the evidence of record and
applicants submission, we are not persuaded the reason for
discharge should be changed to medical under honorable
conditions. We are not persuaded by the evidence presented
that the commander abused his discretionary authority when
he initiated the discharge action due to the applicants
civil conviction for robbery. The discharge appears to be in
compliance with the governing directives and we find no
evidence to indicate that his separation from the Air Force
was inappropriate. We find no evidence of error in this
case and after thoroughly reviewing the documentation that
has been submitted in support of applicant's appeal, we do
not believe he has suffered from an injustice. In addition,
based on his overall record of service and the absence of
evidence related to his post-service activities and
accomplishments, we are not persuaded that an upgrade of the
characterization of his discharge is warranted on the basis
of clemency.
____________________________________________________________
_____
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 AFBCMR Docket
Number BC-2009-00807 in Executive Session on 5 November
2009, under the provisions of AFI 36-2603:
The following documentary evidence pertaining to Docket
Number BC-2009-00807 was considered:
Exhibit A. DD Form 149, dated 13 Feb 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 18 Aug 09.
Exhibit D. Letter, AFBCMR, dated 8 Oct 09.
Exhibit E. Applicant's Response, undated.
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