RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01815
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was beat up by two white men. At the time it was unacceptable
to dispute the word of a white man. As a result he was placed in
the guard house.
He has not received any benefits for the time he served during
World War II because of his discharge status.
He was not aware he could dispute the conditions of his discharge
until now. He is currently homeless and seeking benefits, and in
order to get them he needs his discharge changed immediately.
He put his life on the line for his country and deserves the
credit due him.
In support of his request, the applicant provides copies of his
WD AGO Form 53-59, Enlisted Record and Report of Separation; NA
Form 13038, Certificate of Military Service, and a letter from
the National Personnel Records Center (NPRC).
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicants master personnel records were destroyed in the
1973 fire at the NPRC. Therefore, only a reconstructed record is
available for review. The available records indicate the
following:
On 18 Dec 45, the applicant entered active duty in the Army Air
Corps.
On 23 Apr 49, the applicant was notified to appear before a board
of officers to determine his retention in the service because of
undesirable traits of character. The following is a list of the
applicants convictions: (1) He was tried and convicted by
Special Court Martial for taking the property (a billfold and
personal effects) of another airman; (2) He was tried and
convicted by a Summary Court Martial for failing to report to his
commanding officer that he had contracted a venereal disease
(VD); (3) He was tried and convicted by a Special Court Martial
for leaving his post without authority; and (4) He was tried and
convicted by a Summary Court Martial for being absent without
leave (AWOL) from on or about (o/a) 15 Mar 49 to o/a 21 Mar 49.
The applicant acknowledged receipt of the notification and
indicated he did not desire legal counsel or witnesses in his
behalf. On 27 Apr 49, the board of officers convened and
recommended the applicant be discharge with an undesirable
discharge. The discharge authority approved the separation and
on 17 May 49, he was discharged under the provisions of AR 615-
368, Unfitness - Undesirable Habits or Traits of Character, and
received an undesirable discharge.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
On 21 Nov 12, a copy of the FBI report was forwarded to the
applicant for review and comment within 30 days. At the same
time, the applicant was offered an opportunity to provide
information pertaining to his activities since leaving the
service (Exhibit D). 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, based on the information contained in his FBI report we
do not recommend granting the relief sought on that basis.
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-2012-01815 in Executive Session on 24 Jan 13, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to Docket Number
BC-2012-01815 was considered:
Exhibit A. DD Form 149, dated 2 May 12, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. FBI Report of Investigation, dated 6 Jun 12.
Exhibit D. Letter, SAF/MRBR, dated 21 Nov 12.
Panel Chair
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