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AF | BCMR | CY2012 | BC-2011-03855
Original file (BC-2011-03855.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER: BC-2011-03855 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

IN THE MATTER OF: 
   
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His under other than honorable conditions (undesirable) discharge 
be upgraded to honorable. 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
It was never explained to him as to why he was discharged.   
 
The applicant's complete submission is at Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant's military personnel records were destroyed by fire 
in  1973  at  the  National  Personnel  Record  Center  (NPRC).    The 
available records indicate the following:  
 
On 15 Feb 50, the applicant enlisted in the Regular Air Force and 
was progressively promoted to the grade of airman second class. 
 
On 11 Jul 50, he received a special court-martial for taking the 
property of another owner, (specifically clothing) at a value of 
$20.00.    His  punishment  consisted  of  confinement  at  hard  labor 
for three months and forfeiture of $50.00 pay per month for three 
months.   
 
On 16 Oct 52, he received a summary court-martial for wrongfully 
taking  and  using  a  portable  vacuum  cleaner,  a  value  of  about 
$20.00,  and  was  the  property  of  the  United  States  government.  
His  punishment  consisted  of  confinement  at  hard  labor  for  one 
month, forfeiture of $60.00 pay, and a reduction to the grade of 
basic airman. 
 
On 18 Dec 52, he was convicted by civil authorities for driving a 
car without consent of the owner, and was sentenced to 90 days in 
jail. 
 
On  13  Mar  53,  he  was  discharged  in  the  grade  of  airman  basic, 
under  the  provisions  of  AFR  39-22,  Discharge  of  Airmen  for 
Misconduct  Because  of  Civil  Court  Dispositions,  by  reason  of 

conviction by a Civil Court, with service characterized as under 
other than honorable conditions (undesirable).  He served a total 
of two years, six months, and three days of active duty service.  
 
On 2 Nov 12, a request for information pertaining to his post-
service  activities  was  forwarded  to  the  applicant  for  response 
within  30  days  (Exhibit  C).    As  of  this  date,  no  response  has 
been received by this office. 
 
_________________________________________________________________ 
 
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.  In the interest of 
justice, we considered upgrading the discharge based on clemency; 
however,  we  do  not  find  sufficient  evidence  to  compel  us  to 
recommend  granting  the  relief  sought  on  that  basis,  as  the 
applicant  did  not  provide  any  information  pertaining  to  his 
activities  since  leaving  the  service.    Should  the  applicant 
provide  statements  from  community  leaders  and  acquaintances 
attesting to his good character and reputation and other evidence 
of successful post-service accomplishments we would be willing to 
reconsider  his  appeal.    In  the  absence  of  such  evidence, 
favorable  action  on  his  request  is  not  warranted.    Therefore, 
based on the evidence, we find no basis upon which to favorably 
consider 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 

 
 

2 

, Panel Chair 
, Member 
, Member 

submission  of newly discovered relevant evidence not considered 
with this application. 
 
_________________________________________________________________ 
 
The  following  members  of  the  Board  considered  Docket  Number    
BC-2011-03855  in  Executive  Session  on  20  Dec  12,  under  the 
provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 26 Sep 11. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, SAF/MRBC, dated 2 Nov 12. 
 
 
 
 
 

 
Panel Chair 

  
  

 
 

 
 

 
 

 
 

 
 

 

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