RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03333
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge (BCD) be upgraded to General (Under
Honorable Conditions).
________________________________________________________________
APPLICANT CONTENDS THAT:
His BCD was the result of racial discrimination. None of the
allegations pertaining to his court martial are trueit was more
like a kangaroo court. Britain was in on it, not wanting Black
Airmen on their soil. His unit was filled with Klansman out to
do Negros harm and see to it that they received dishonorable
discharges.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
After receiving an honorable discharge from the U.S. Army on
17 Feb 47, the applicant entered the Air Force on 7 Sep 51.
Prior to 14 Nov 52, the applicants records reflect the
following four Uniform Code of Military Justice (UCMJ)
violations on unspecified dates:
1. Summary Court-Martial Conviction for violation of Article
134, breaking restriction, for which he was sentenced to
confinement at hard labor for 7-days and fined $10.00.
2. Special Court-Martial Conviction for violation of Article
86, going from appointed place of duty, for which he was reduced
to Airman Basic, reprimanded, and fined $10.00.
3. Summary Court-Martial Conviction for violation of Article
134, wrongful defecation and urination on the tent floor, for
which he was sentenced to hard labor without confinement for 45
days and fined $35.00.
4. Receipt of an Article 15 for being absent from duty, for
which he was restricted to the squadron area for 14 days.
On 14 Nov 52, the applicant was convicted a by Special Court-
Martial of violating UCMJ Articles 86 and 92. Specifically, on
or about 26 Oct 52, and again on 31 Oct 52, the applicant
failed to go at the time prescribed to his appointed place of
duty; and, on or about 29 Oct 52, and again on 30 Oct 52,
having knowledge of a lawful order issued by his commander to be
in bed by 2200, he failed to obey the order. He was sentenced
to a BCD, confinement at hard labor for three months, and
forfeiture of $25 month for three months.
On 11 Mar 53, an Air Force Board of Review found an error in the
sufficiency of the two failure to go charges from his
14 Nov 52 Court-Martial conviction, and set aside the guilty
findings associated with those two specifications. However,
citing the applicants multiple prior convictions, they found
the sentence appropriate.
On 12 May 53, the Judge Advocate prepared a Petition for Grant
of Review asking for a review of the conviction; however, at the
time the applicant absented himself without authority.
Ultimately, the U.S. Court of Military Appeals considered the
petition on 14 Aug 53, and denied the grant of review.
On 30 Apr 54, the applicant was furnished a BCD with the Reason
for Separation of Sentence of Court Martial.
On 19 Feb 13, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. In response, the applicant describes some of his
activities since leaving the service and provides a copy of a
supporting statement (Exhibit D).
________________________________________________________________
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 an error or injustice. We took
notice of the applicants complete submission, to include the
evidence the applicant submitted in rebuttal to the Air Force
advisory, in judging the merits of the case. We note that 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 court-martial
conviction 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 applicants overall quality of service, the court-martial
conviction which precipitated the discharge, and the seriousness
of the offenses to which convicted. In addition, we considered
upgrading his discharge on the basis of clemency; however, we do
not find sufficient evidence concerning his post-service
activities to warrant relief on this basis. Therefore, we
conclude that no basis exists for us to recommend granting the
relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2012-03333 in Executive Session on 21 Mar 13, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jul 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 19 Feb 13.
Exhibit D. Letter, Applicant, dated 12 Mar 13, w/atch.
Panel Chair
AF | BCMR | CY2003 | BC-2003-00146
In support of his request, the applicant submits personal statements and copies of her father’s DD Form 214 and Statement of Service. As of this date, no response has been received by this office (Exhibit E). After considering the evidence and testimony, the Board of Officers determined that the former member should be discharged with an undesirable discharge because of unfitness.
AF | BCMR | CY2005 | BC-2005-00132
On 10 Feb 05, SAF/MRBR advised the applicant that, upon receiving his application, they researched the index of military personnel records stored at NPRC. Pursuant to a 3 Mar 05 request by the AFBCMR Staff, AFLSA/JAJM provided a copy of the applicant’s Record of Trial (ROT) and associated documents, including a legal review. The Board of Review did not recommend clemency and, on 24 Aug 56, the sentence was affirmed.
AF | BCMR | CY2011 | BC-2011-04738
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. 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...
On 13 Nov 52, applicant was convicted by Summary Court-Martial for being absent without leave (AWOL) from 30 Oct 52 until on or about 12 Nov 52. The Board recommended discharge from the service because of unfitness, with an undesirable discharge. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 9 Dec 1953, he was discharged with...
In support of his appeal, the applicant submitted a letter of character reference from his pastor and deacon board; a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States and his Air Force Discharge Review Board (AFDRB) Hearing record. Applicant’s complete submission is at Exhibit A. He also states that when he was discharged, he was told that in six months his discharge would be upgraded.
AF | BCMR | CY2014 | BC 2014 00935
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. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient for us to conclude that the applicants post-service activities overcome the misconduct for which he was discharged. Exhibit D. Federal Bureau of...
AF | BCMR | CY2014 | BC 2014 03222
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03222 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to a General discharge based upon clemency. Although he went Absent Without Leave (AWOL) twice, he went home to address problems with his family. We find no evidence which indicates the applicants service characterization, which had its basis in his court-martial...
AF | BCMR | CY2005 | BC-2004-02764
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02764 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded. He was credited with 3 years, 7 months, and 4 days active service (excludes 197 days of lost time due to three periods of confinement). They also noted applicant did not...
AF | BCMR | CY2008 | BC-2006-02808
A complete copy of the AFPC/DPSO evaluation is at Exhibit C. AFPC/DPPPEP indicates that after review of the referral report, they are advising the Board to remove the comment "During this period, MSgt P--- was given 24 months hard labor, a reduction in grade for reviewing child pornography." A complete copy of the AFLOA/JAJM evaluation, with attachment, is at Exhibit G. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE...
AF | BCMR | CY2008 | BC-2007-02552
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02552 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge be changed to a general (under honorable conditions) discharge. On 4 May 53, the convening authority suspended the bad conduct discharge until the applicant’s release from confinement or until...