RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02918
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He made a regrettable mistake when he was 19 years old and has
spent the last 50 years atoning for it. The Board should look
at the accomplishments of his entire life, his tremendous
remorse for the mistake which took him away from his dream of
being a soldier, and find that he is worthy of his discharge
being upgraded.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 3 Nov 50.
On 1 Oct 53, the applicant was furnished an undesirable
discharge and credited with 2 years, 10 months, and 29 days of
total active service.
On 26 Jun 14, a request for post-service information was
forwarded to the applicant for review and comment. In response,
the applicant provides several supporting statements attesting
to his contributions to his community and a copy of his request
for a pardon.
The remaining 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, indicating there is no evidence of
an error or injustice. The applicant's service record shows
that he was arrested 8 Sep 53 by civilian authorities. He was
tried and convicted of petit larceny (theft of automotive
accessories) and sentenced to 30 days in jail or a $50.00 fine.
He did not complete his sentence in the County Jail because
Federal civilian authorities took him from county on charges of
grand larceny. He was tried and convicted for theft of
government weapons and sentenced to one year confinement. He
was placed on probation for one year in lieu of confinement. On
14 Sep 53, his commander recommended that the applicant be
administratively discharged. He was discharged on 1 Oct 53.
The applicant was administratively discharged based on his off-
base misconduct for which he was tried and convicted by civilian
authorities, not a military-justice action. Accordingly, from a
military-justice perspective, there is no basis to grant the
applicant's request.
A complete copy of the AFLOA/JAJM evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 24 Jan 14 for review and comment within 30 days.
As of this date, no response has been received by this office
(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 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 the evidence presented is
sufficient for us to conclude that the applicants post-service
activities overcome the misconduct for which he was
discharged. 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 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-2013-02918 in Executive Session on 23 Sep 14, under
the provisions of AFI 36-2603:
Ms., Panel Chair
Mr., Member
Mr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Jun 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 23 Oct 13.
Exhibit D. Letter, SAF/MRBR, dated 24 Jan 14.
Exhibit E. Letter, AFBCMR, dated 26 Jun 14.
Exhibit F. Letter, Applicant, dated 14 Jul 14.
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