RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04738
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He now understands the mistakes he made. He was only seventeen
years old when the incident occurred. His immaturity played a
great part in his misbehavior. He was having problems coping in
the military. He served six months in military detention for his
actions.
In support of his request, the applicant provides a copy of a
letter from the Army Review Boards Agency.
His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 13 Dec 51. The
applicant met a special court-martial for violation of the
Uniform Code of Military Justice, Article 86. Specification 1:
The applicant was absent without leave on or about 8 Jul 52
without permission and remained absent until on or about 16 Oct
72; Specification 2: The applicant was absent without leave on
or about 19 Nov 53 and remained absent until on or about 17 Jun
53. The applicant pled not guilty; however, he was found guilty
and discharged with a BCD, forfeited $50.00 per month for six
months and was confined at hard labor for six months. The
sentence was adjudged on 26 Aug 53. He was discharged on 18 Dec
53. He had 529 days of lost time.
On 10 Apr 12, a request for information pertaining to his post-
service activities was forwarded to the applicant for response
within 30 days. As of this date, no response has been received
by this office.
Pursuant to the Board's request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, was unable to identify
an arrest record on the basis of information furnished.
_________________________________________________________________
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 note this
Board is without authority to reverse, set aside, or otherwise
expunge a court-martial conviction. Rather, in accordance with
Title 10, United States Code, Section 1552(f), actions by this
Board are limited to corrections to the record to reflect actions
taken by the reviewing officials and action on the sentence of
the court-martial for the purpose of clemency. We find no
evidence which indicates the applicants service
characterization, which had its basis in his conviction by
special court-martial and was a part of the sentence of the
military court, was improper or that it exceeded the limitations
set forth in the Uniform Code of Military Justice (UCMJ). We
have considered the applicant's overall quality of service, the
special court-martial conviction which precipitated the
discharge, and the seriousness of the offense of which convicted.
Based on the evidence of record, we are not persuaded that the
characterization of his discharge warrants an upgrade on the
basis of clemency. In view of the above, we conclude that no
basis exists to grant favorable action on his request.
_________________________________________________________________
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 AFBCMR Docket
Number BC-2011-04738 in Executive Session on 19 Jun 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence for Docket Number BC-2011-04738
was considered:
Exhibit A. DD Form 149, dated 5 Aug 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 10 Apr 12.
Panel Chair
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