RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00252 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

In 1961, while in the Air Force, he was driving who he thought 
were “his friends” around town; they stole ice cream from a truck 
which he thought they paid for. 

 

In support of his request, the applicant provides a personal 
statement, and a copy of his discharge certificate. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 18 Nov 59, the applicant enlisted in the Regular Air Force and 
was progressively promoted to the grade of airman third class. 

 

A Report of Investigation made by the Office of Special 
Investigations (OSI), revealed the applicant was charged with 
breaking and entering in the night-time with intent to commit 
larceny at the El Rancho Packing Company at Clovis on 26 Mar 61. 
He and another airman, and two civilian juveniles, broke into the 
El Rancho Packing Company and stole a gun, ammunition, money, and 
other merchandise. He was arraigned in district court, and pled 
guilty. Under the statute, his punishment was one to three years 
in the State Penitentiary. 

 

The applicant was notified by his squadron commander that he was 
recommending his discharge from the Air Force due to his civil 
conviction of breaking and entering with the intent to commit 
larceny, and subsequent confinement in the State Penitentiary. 

 

The applicant was interviewed by the Office of Special 
Investigations (OSI), and admitted to committing the following 
break-ins: Stateline Food Market on 25 Feb and 11 Mar 61, 
Borden’s Dairy on 8 and 11 Mar 61; Hubby’s & Son on 25 Mar 61, 
Highway 70 Café on 26 Mar 61, Rancho Packing Company on 26 Mar 
61, and Cosray Service Station on 27 Mar 61. 


 

The applicant acknowledged receipt of the discharge notification, 
and of his right to consult with legal counsel, submit statements 
in his own behalf, and to appear before a board of officers. 
Without the assistance of counsel, the applicant waived his right 
to appear before a board of officers, and to submit statements in 
his own behalf. He understood if his request for discharge was 
approved that his separation from the Air Force could be under 
conditions other than honorable and he could receive an 
undesirable discharge. 

 

The base legal office reviewed the case and found it legally 
sufficient to support separation. 

 

On 8 Aug 61, he was discharged in the grade of airman third 
class, under the provisions of AFR 39-22, Discharge of Airmen for 
Misconduct Because of Civil Court Dispositions, with service 
characterized as under other than honorable conditions 
(undesirable). He served a total of one year, four months, and 
six 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 2 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 to the request the applicant provided a personal 
statement outlining both his Air Force and civilian careers. He 
worked for a healthcare facility helping the elderly. He took 
several classes and became a certified nurse’s aid. He is 
currently a school bus driver for a local school. He was a 
volunteer firefighter. He provided three character letters, a 
letter from the American Red Cross, and an evaluation from the 
American Red Cross Nurse Assistant Training Course. 

 

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 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 which 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 have noted the 
information provided by the applicant related to his post service 
activities. However, we do not find this evidence sufficient to 
warrant favorable consideration of the applicant’s request based 
on clemency. Therefore, in the absence of evidence to the 
contrary, we find no basis upon which to recommend granting the 
relief sought. 

 

_________________________________________________________________ 

 

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-2011-00252 in Executive Session on 9 Jun 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to Docket Number 
BC-2011-00252 was considered: 

 

 Exhibit A. DD Form 149, dated 13 Jan 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation, dated 14 Feb 11. 

 Exhibit D. Letter, AFBCMR, dated 2 Mar 11. 

 Exhibit E. Letter, Applicant, undated, w/atchs. 

 

 

 

 

 Panel Chair