RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-02184

                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to a general discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was the victim of severe racism and  discrimination  by  his  First
Sergeant  and  other  noncommissioned  officers.   The  discrimination
caused him to have low self-esteem.  He is  a  good  citizen  and  has
become a leader of his tribe.

In support of his appeal, the applicant provides a personal statement
and seven character references.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 13 Nov 58, the applicant contracted his initial enlistment  in  the
Regular Air Force.

The applicant was charged  with  one  specification  of  being  absent
without leave (AWOL) from 28 Jul 60 to 23 Nov 60.   He  was  tried  by
special court-martial on 20 Dec 60 and pled guilty to the  charge  and
specification.  He was sentenced to a BCD, confinement, forfeiture  of
pay for three months.  On 10 Jan 61, the convening authority  approved
the sentence as adjudged.  The Air Force Board of Review on 25 Jan  61
found the  findings  and  sentence  correct  in  law  and  fact.   The
applicant waived his right to appeal to the U. S.  Court  of  Military
Appeals.  He was discharged on 11 Mar 61.

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 13 Dec 10, a copy of the Investigative Report was forwarded to the
applicant along with a request for  post-service  documentation,  for
review and comment within 30 days.  As of this date, no response  has
been received by this office.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLOA/JAJM recommends  denial.   JAJM  notes  the  applicant  has  not
identified any errors or injustices related to his prosecution or  the
sentence.  He only  alleges  the  Air  Force  engaged  in  racist  and
discriminatory practices that caused him to go AWOL.  A review of  the
record of trial shows no error in the processing of the court-martial.


While clemency may be  granted  the  applicant  provided  very  little
justification in support of his request.  The character letters attest
to him being a hard worker and leader with his church  and  community.
While his post-conviction actions are laudable, they do not erase  the
seriousness of his crime and its negative impact  on  good  order  and
discipline.  A BCD is designed as a punishment for bad  conduct.   The
BCD is more than a service characterization; it is  a  punishment  for
the crimes he committed while on active duty.  His sentence to  a  BCD
and  confinement  was  well  within  the  legal  limits  and  was   an
appropriate punishment for the offense committed.

The fact the applicant alleges he was discriminated against  does  not
erase his past criminal conduct or make his BCD any  less  appropriate
for the committed offense.  He has not provided any evidence that  his
being AWOL was caused by racism or discrimination.   To  overturn  his
punishment now would require the Board to substitute its judgment  for
that rendered by the court and convening authority nearly 50 years ago
when the facts and circumstances were fresh.  A BCD was and  continues
to be part  of  a  proper  sentence  and  properly  characterizes  his
service.

Additionally, to grant clemency in this case 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,  separations  from
family, facing hostile enemy action and suffering financial hardships.
 All rights of a veteran under the laws administered by the  Secretary
of Veterans Affairs are barred where the  veteran  was  discharged  or
dismissed by reason of sentence of general court-martial.  It would be
offensive to all  those  who  served  honorably  to  extend  the  same
benefits to someone who committed a  crime  such  as  the  applicant’s
while on active duty.

The AFLOA/JAJM complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In support of his application the applicant provides  his  resume  and
documentation attesting to his character.

The applicant’s complete response is at Exhibit G.

_________________________________________________________________

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.    Sufficient relevant evidence has been presented to demonstrate
the existence of an injustice warranting relief.  The Board finds no
impropriety in the characterization of  applicant's  discharge.   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.  The applicant has not shown the characterization of  the
discharge  was  contrary  to  the  provisions   of   the   governing
regulation, nor has it been shown the nature of  the  discharge  was
unduly  harsh  or  disproportionate  to  the   offenses   committed.
Considered alone, we conclude the discharge proceedings were  proper
and  characterization  of  the  discharge  was  appropriate  to  the
existing circumstances.

4.    Consideration of this Board, however, is not  limited  to  the
events which precipitated the discharge.  We  have  a  Congressional
mandate  which  permits  consideration  of  other   factors;   e.g.,
applicant's background, the overall quality of  service,  and  post-
service activities and accomplishments.  Further, we  may  base  our
decision on matters of equity and clemency  rather  than  simply  on
whether rules  and  regulations  which  existed  at  the  time  were
followed.  This is  a  much  broader  consideration  than  officials
involved in the discharge were permitted, and our decision in no way
discredits the validity of theirs.

5.     Taking  into   consideration   the   available   post-service
information, it appears  likely  that  applicant  has  overcome  the
behavioral traits which led to the discharge action and  has  led  a
stable and productive life since the separation.  We  recognize  the
adverse impact of the discharge the applicant received;  and,  while
it may have been appropriate at the time, we believe it would be  an
injustice for the applicant  to  continue  to  suffer  its  effects.
Accordingly, we find that corrective action is  appropriate  on  the
basis  of  clemency  and  recommend  the  records  be  corrected  as
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of  the  Air  Force
relating to APPLICANT, be corrected to show that on  11 March  1961,
he was discharged  with  service  characterized  as  general  (under
honorable conditions).

_________________________________________________________________

The following members of the Board considered AFBCMR  Docket  Number
BC-2010-02184 in Executive Session on 20  January  2011,  under  the
provisions of AFI 36-2603:

       , Panel Chair
       , Member
       , Member

All members voted  to  correct  the  records,  as  recommended.  The
following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 18 May 10, w/atchs.
      Exhibit B.  Applicant's Master Military Personnel Records.
      Exhibit C.  FBI Investigative Report.
      Exhibit D.  Letter, AFLOA/JAJM, dated 21 Sep 10.
      Exhibit E.  Letter, SAF/MRBR, dated 22 Oct 10.
      Exhibit F.  Letter, AFBCMR, dated 13 Dec 10, w/atchs.
      Exhibit G.  Letter, Applicant, undated, w/atchs.





                                        Panel Chair






AFBCMR BC-2010-02184





MEMORANDUM FOR THE CHIEF OF STAFF

      Under the authority of Section 1552, Title 10, United States
Code and Air Force Instruction 36-2603, and having assured compliance
with the provisions of the above regulation, the decision of the Air
Force Board for Correction of Military Records is announced, and it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to  , be corrected to show that on 11 March 1961, he
was discharged with service characterized as general (under honorable
conditions).





                             Director
                             Air Force Review Boards Agency


















This document contains information which must be protected IAW AFI 33-
332 and DoD Regulation 5400.11; Privacy Act of 1974 as Amended Applies,
and it is For Official Use Only (FOUO).

-----------------------
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974