RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04487
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to a general (under
honorable conditions).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Prior to his enlistment he received a juvenile conviction and was
led to believe that this conviction would not prevent him from
entering military service.
In support of the applicants appeal, he provides a personal
statement and documents extracted from his service medical
records and military personnel records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 8 August
1950 for a period of four years.
The commander recommended the applicant be discharged from the
Air Force under the provisions of AFR 37-21 (Fraudulent
Enlistment). The specific reason was that the applicant was
convicted upon pleas of guilty of the crimes of larceny and two
counts of breaking and entering. At the time of his enlistment,
the applicant denied any conviction of crime and imprisonment.
The convictions were entered on 13 February 1950 in the Superior
Court of the Commonwealth of Massachusetts. Three sentences of
six months each were adjudged to be served concurrently.
The discharge authority concurred with the recommendation and
directed an undesirable discharge. The applicant was discharged
on 7 June 1951. He served 6 months and 15 days on active duty
with 105 days of lost time.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, provided an
arrest record which is at Exhibit C.
On 30 August 2011, a copy of the FBI Report of Investigation and
a request for information pertaining to his post-service
activities was forwarded to the applicant for review and response
within 30 days (Exhibit D). As of this date, this office has
received no 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 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. Additionally, due to
the lack of evidence of a successful post-service adjustment and
in view of the information contained in the FBI investigative
report, we do not find it would be in the interest of justice to
upgrade his discharge on the basis of clemency. Therefore, the
applicants request is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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-2011-04487 in Executive Session on 9 August 2012, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-04487 was considered:
Exhibit A. DD Form 149, dated 1 November 2010, w/atchs.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Federal Bureau of Investigation Report.
Exhibit D. Letter, AFBCMR, dated 26 June 2012.
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