RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03246
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His dishonorable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not counseled prior to being discharged from the Air
Force. His civil rights were denied and deprived. He was a
victim of personality disorder and racial discrimination.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was tried by special court-martial on 15 Jan 54.
The reason for this action was for:
Violation of the Uniform Code of Military Justice (UCMJ),
Article 121: For stealing property of another airman;
specifically, one Foldex 20 camera that was valued at about
$15.00. He pled guilty and was found guilty. The applicant was
sentenced to reduction in grade to airman basic, confined at hard
labor for two months, and forfeited $50.00 per month for two
months. The sentence was adjudged on 12 Jun 54.
The applicant was tried by summary court-martial on 14 Dec 54.
The reason for this action was for:
Violation of UCMJ, Article 92: For failing to obey. The
applicant was sentenced to hard labor without confinement for
thirty days and forfeiture of $50.00.
He received a dishonorable discharge after serving 3 years,
5 months, and 25 days on active duty.
The relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air
Force, which is at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. The application is untimely.
Additionally, the applicant has alleged no error in his court-
martial. JAJM did not have the record of trial to examine;
however, they reviewed the documents provided by the applicant.
Based on the applicants submission the only error or injustice
in how the court-martial was conducted was the prosecution of
Charge II when the applicant had already been prosecuted for the
same crime in the civilian court system. This error/injustice
was fixed; however, when the convening authority set aside the
finding of guilt on Charge II the sentence was reduced
accordingly. Further, the applicant alleges deprivation of his
civil rights and discrimination based on race and a personality
disorder. Unfortunately none of the evidence provided supports
any of these claims. The applicant requests his discharge
characterization be upgraded based on a settlement that took
place in 1978; however, this settlement only applied to those who
were administratively discharged for personality disorders and
clearly states it does not apply to those who were convicted at a
court-martial. In addition, clemency would not be fair to those
individuals who honorably served their country while in uniform.
The complete JAJM evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He provides a copy of the Military Justice Procedure from the War
Department, dated February 1945.
The applicants complete submission, with attachments, is at
Exhibit E.
_________________________________________________________________
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 agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in 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
submission of newly discovered relevant evidence not considered
with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03246 in Executive Session on 7 May 13, under the
provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Aug 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 16 Nov 12.
Exhibit D. Letter, Applicant, undated.
Vice Chair
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