RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03136
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to general (under
honorable conditions).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was 18 years old when he tried to impress a young lady by
taking a car off the street in 1951. This resulted in charges
by a civilian court and serving an 18 month sentence. He was
subsequently discharged with an undesirable discharge. He is
now 81 years old and is making arrangements for placement into a
retirement home. He feels a veteran sponsored facility would
best fit his lifestyle. His immature indiscretion should not
hinder his ability to get into a veterans nursing home. His
conduct since his incarceration has been above the law and very
productive.
In support of his appeal, the applicant submits a personal
statement.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 18 April
1950. His commander requested that he be discharged under the
provisions of AFR 39-22, Disposition of Individuals Convicted by
Civil Court after pleading and being found guilty of violating
the Dyer Act. On 9 April 1951, the commander ordered his
discharge. He was separated on 18 April 1951 with an
undesirable discharge. He was credited with 11 months and 1 day
of active duty service.
Pursuant to the Boards request, the Federal Bureau of
Investigation indicated that on the basis of the information
provided, they were unable to locate an arrest record.
In response for post-service information the applicant recounts
his life after serving the 18 month sentence in the reformatory.
He met and married his wife and adopted two children. He owned
his own company, which was successful. However, upon divorcing
his wife, he left it for the family. He worked for another
company until he was forced to retire in 2003. He hopes this
information proves that he is a responsible person of good
character.
The applicants complete response, with attachments, is at
Exhibit D.
Examiners Note: The applicant has not shown the
characterization of his discharge was contrary to the provisions
of AFR 39-17A (unfitness) (extract copy of applicable portion
attached as Exhibit E). Nor has he shown the nature of the
discharge was unduly harsh or disproportionate to the offenses
committed. At the time of the applicants discharge, AFR 39-
17A, paragraph 8, stated that when discharged because of
unfitness, an Undesirable Discharge (UD) will be furnished.
However, in 1959, AFR 39-17 was changed to state that when an
airman discharged under this regulation should be furnished an
undesirable discharge, unless the particular circumstances in a
given case warrants a general or honorable discharge. Criteria
for the issuance of an undesirable, general, or honorable
discharge is outlined in paragraph 9, AFR 39-10 (See Exhibit F).
Notwithstanding the absence of error or injustice, the Board has
the prerogative to grant relief on the basis of clemency if so
inclined.
Attached at Exhibit G is a memorandum prepared by the Air Force
Review Boards Agency Legal Advisor addressing the issue of
characterization of service and how standards have changed since
1959.
________________________________________________________________
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 applicants complete submission in judging the merits of
the case; however, we find no evidence of an error or injustice
that occurred during the discharge process. 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, or unduly harsh. In the
interest of justice, we considered upgrading the applicants
discharge on the basis of clemency; however, we found the
evidence submitted insufficient to compel us to recommend
granting the request 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 AFBCMR Docket
Number BC-2013-02316 in Executive Session on 1 April 2014, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Jun 13, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBC, dated 28 Feb 14.
Exhibit D. Letter, Applicants Response, 20 Mar 14,
w/atchs.
Exhibit E. AFR 39-17A, Enlisted Personnel.
Exhibit F. AFR 39-10 Excerpt.
Exhibit G. Letter, SAF/MRB Legal Advisor Opinion.
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