RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02925 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His undesirable discharge be upgraded to general (under honorable 
conditions). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He does not deserve an undesirable discharge. He was told that 
he would get a general discharge. 

 

He was discharged for being convicted by civil court, however, he 
was not. He wrote bad checks and did not have enough money in 
the bank to cover them. He paid the checks off and the court 
dropped the case, but he was still discharged. 

 

He would like to explain the situation to someone in person. 

 

In support of his request, the applicant provides a personal 
statement, copies of his DD Form 214, Report of Separation from 
the Armed Forces of the United States, and his military personnel 
records. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s discharge package is missing from his master 
personnel records. It appears that his records were loaned out 
to the Department of Veterans Affairs (DVA) in 1957. Therefore, 
the circumstances and facts surrounding his discharge are not 
available. 

 

On 11 Aug 49, the applicant enlisted in the Air Force, for a 
period of three years, in the grade of private. 

 

The available records show on 24 Dec 51, the applicant was 
arrested and convicted by civil authorities for “swindling with a 
worthless check” and sentenced to serve 30 days and forfeit 
$50.00 pay. He served his sentence from 17 Jan to 16 Mar 52. 

 

On 28 Jan 52, he was convicted by special court martial for 
writing bad checks on or about (o/a) 17 Nov and 13 Dec 51, and 


for failure to go from his appointing place of duty o/a 4 and 
7 Jan 52. Punishment consisted of confinement at hard labor for 
two months and forfeiture of $50.00 pay per month for two months. 

 

He was convicted by a special court martial and served a sentence 
from 17 Jan 52 to 16 Mar 52. 

 

On 20 Mar 52, he was discharged in the grade of private, under 
the provisions of AFR 39-22, Disposition of Individuals Convicted 
by Civil Court, with service characterized as under other than 
honorable conditions (undesirable). He served a total of two 
years, seven months, and nine days of active duty service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
which is at Exhibit C. 

 

On 24 Mar 11, a copy of the FBI report was forwarded to the 
applicant for review and comment within 30 days. At the same 
time, the AFBCMR staff offered the applicant an opportunity to 
provide information pertaining to his activities since leaving 
the service (Exhibit D). 

 

In response the applicant outlines his military career and states 
he did not get into any trouble at any of the bases he was 
assigned but he wrote checks that bounced. He paid the checks in 
full, and the court case was dismissed. However, a few weeks 
later the military charged him for the same thing, and put him in 
the stockade for 60 days and when he was released he was 
discharged. Since his discharge he has worked as a mechanic and 
a truck driver. He served time in jail for nonpayment of child 
support; he was not making enough to pay his monthly payments. 
He had lung cancer and has several health issues to include; 
macular degeneration, only one functioning kidney, uses oxygen at 
night and sometimes during the day, and has stomach problems. He 
is 79 years old and has been married to his second wife for 40 
years. His wife is a volunteer for Hospice; he would like to 
volunteer; however, cannot due to his eyes. He cannot drive a 
car, or walk far without having trouble breathing. 

 

In support of his appeal, the applicant provides a personal 
letter, and four character reference letters. 

 

The applicant’s complete response, with attachments, is at 
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 error or injustice. We took notice 
of the applicant's complete submission in judging the merits of 
the case; 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 that responsible 
officials applied appropriate standards in effecting the 
separation, and we do not find persuasive evidence that pertinent 
regulations were violated or that the applicant was not afforded 
all the rights to which entitled at the time of discharge. We 
conclude, therefore, that the discharge proceedings were proper 
and characterization of the discharge was appropriate to the 
existing circumstances. The only other basis upon which to 
consider upgrade of his discharge would be clemency. Although 
the applicant has provided some statements concerning post-
service conduct, we find these statements insufficient to warrant 
an upgrade of his discharge on the basis of clemency. Should he 
provide statements from community leaders and acquaintances 
attesting to his good character and reputation and other evidence 
of successful post-service rehabilitation, we will reconsider 
this case based on the new evidence. We cannot, however, 
recommend approval based on the current evidence of record. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

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 Docket Number 
BC-2010-02925 in Executive Session on 24 May 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

 

The following documentary evidence pertaining to Docket Number 
BC-2010-02925 was considered: 

 

 Exhibit A. DD Forms 149, dated 10 Aug 10 and 20 Feb 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation, dated 4 Mar 11. 


 Exhibit D. Letter, AFBCMR, dated 24 Mar 11. 

 Exhibit E. Letter, Applicant, dated 1 Apr 11, w/atchs. 

 

 

 

 

 

 Panel Chair