RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02986
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to a general (under
honorable conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He regrets his actions as a foolish young man and hanging around
with the wrong crowd.
He is in poor health and needs medical care from the Department
of Veterans Affairs (DVA).
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The available records reflect the applicant served in the Air
Force from 10 Jan 56 to 6 Jun 58.
On 20 Feb 58, the applicant was tried by Special Court-Martial
for two specifications of larceny for stealing between $20 and
$50 from a local business. He pled guilty and was sentenced to
a BCD, forfeiture of $50 per month for six months, and six
months of confinement to hard labor.
On 28 Mar 58, the convening authority approved a sentence of a
BCD, forfeiture of $39 per month for four months, and
confinement to hard labor for four months.
On 20 May 58, the applicants discharge was ordered to be
executed. On 6 Jun 58, he was discharged with a BCD.
Pursuant to the Boards request, the Federal Bureau of
Investigations (FBI), Clarksburg, West Virginia, states they
were unable to identify an arrest record on the basis of the
information furnished.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states the applicants
record of trial no longer exists; however after reviewing the
documents submitted, it appears that his conviction and sentence
are legally sufficient and there was no error in the processing
of his court-martial noted by the review process in place at the
time.
Additionally, clemency would be unfair to those individuals who
honorably served their country while in uniform. Congress
intent in setting up the Veterans Benefits Program was to
express thanks for veterans personal sacrifices, separation
from family, facing hostile enemy action, and suffering
financial hardships. It would be offensive to all those who
served honorably to extend the same benefits to someone who
committed crimes such as the applicants while on active duty.
The complete JAJM evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 5 Nov 10 for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
response.
_________________________________________________________________
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 agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. We also find
insufficient evidence to warrant a recommendation that the
discharge be upgraded on the basis of clemency. Therefore, in
the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
_________________________________________________________________
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-2010-02986 in Executive Session on 12 April 2011, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Aug 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 1 Nov 10.
Exhibit D. Letter, SAF/MRBR, dated 5 Nov 10.
Panel Chair
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