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
3
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