RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05283
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His dishonorable discharge be upgraded based on clemency.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was unable to adapt to military life. He went absent without
leave (AWOL) due to the mental and emotional stress of broken
promises for a discharge by his superiors. He was court
martialed and subsequently discharged. His record prior to the
court-martials was impeccable with no character issues or
derogatory remarks. He never intended to dishonor his country.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 19 Feb 53, the applicant commenced his enlistment in the
Regular Air Force.
The applicant was tried and convicted by a special court-martial
for being absent without proper authority from 19 Apr 54 through
12 Sep 54. He was sentenced to a bad conduct discharge (BCD),
forfeiture of $55.00 per month for six months, and confinement
for six months.
While serving his sentence of the special court-martial, the
applicant was tried and convicted by general court-martial for
being absent without leave (AWOL) from 21 Dec 54 through
13 Feb 55. He was sentenced to a dishonorable discharge (DD),
forfeiture of all pay and allowances and confinement one year.
The applicant was again tried and convicted by general court-
martial for being AWOL from 20 Aug 55 through 6 Jan 56. He was
sentenced to a DD, forfeiture of all pay and allowances and
confinement for six months.
On 28 Mar 56, the applicant was furnished a DD. He was credited
with 1 year, 1 month, and 21 days of total active service.
On 18 Jun 13, a request for post-service information 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 an error or injustice. 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. However, in
the absence of any evidence related to the applicants post-
service activities, we are not inclined to upgrade the
applicants discharge on that basis. Therefore, in view of the
above, we find no basis upon which to favorably consider 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-2012-05283 in Executive Session on 29 Aug 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Nov 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 18 Jun 13, w/atch.
Panel Chair
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