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AF | BCMR | CY2013 | BC-2012-02306
Original file (BC-2012-02306.pdf) Auto-classification: Denied
DOCKET NUMBER: BC-2012-02306 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

                       RECORD OF PROCEEDINGS 
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
 
IN THE MATTER OF: 
   
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His  general  (under  honorable  conditions)  discharge  be  upgraded 
to honorable. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
The applicant makes no contentions.   
 
In  support  of  his  appeal,  the  applicant  provides  copies  of  his 
DD Form 214,  Report  of  Separation  from  the  Armed  Forces  of  the 
United  States,  a  Fraternal  Order  of  Police  memorandum,  and 
various other documents associated with his request. 
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On 28 Apr 50, the applicant enlisted in the Regular Air Force, 
for a period of four years.   
 
On  26  Sep  50,  the  applicant  received  a  summary  court-martial, 
for  sleeping  on  post.    His  punishment  consisted  of  confinement 
at hard labor for 15 days and forfeiture of $35.00 pay.  
 
On 30 Apr 52, the applicant while on duty as an Air Policeman, 
delivered  alcoholic  beverages  to  a  crew  member  onboard  USNS 
AKL#17.  His punishment consisted of an Article 15, Uniform Code 
of  Military  Justice  (UCMJ)  and  reduction  in  grade  to  airman 
third class. 
 
On  or  about  31  Jul  52,  the  applicant  failed  to  obey  a  lawful 
order,  in  violation  of  Article  92,  UCMJ.    His  punishment 
consisted  of  an  Article  15,  UCMJ  and  reduction  in  grade  to 
airman basic.   
 
On  24  Jul  53,  the  applicant  received  a  special  court-martial, 
for  sleeping  on  post.    His  punishment  consisted  of  confinement 
at  hard  labor  for  four  months  and  forfeiture  of  $60 pay  per 
month for four months.  Only so much of the sentence as provided 

for confinement at hard labor for three months and forfeiture of 
$50  pay  per  month  for  three  months,  was  approved  and  duly 
executed.   
 
On  4  Sep  53,  the  applicant  was  discharged  under  the  provisions 
of AFR 39-14,  Separation  for  the  Convenience  of  the  Government, 
with  service  characterized  as  general  (under  honorable 
conditions).  He was credited with 3 years, 2 months and 26 days 
of  active  duty  (including  44  days  of  lost  time  due  to 
confinement at hard labor).  
 
Pursuant  to  the  Board’s  request,  the  Federal  Bureau  of 
Investigations (FBI) Clarksburg, WV, states they were unable to 
identify  an  arrest  record  on  the  basis  of  the  information 
furnished (Exhibit C).  
 
________________________________________________________________ 
 
 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.    Due  to  the 
limited  records  available  and  based  upon  the  presumption  of 
regularity  in  the  conduct  of  governmental  affairs,  we  must 
assume  that  the  applicant's  discharge  was  proper  and  in 
compliance with appropriate directives.  We find no evidence of 
error or injustice in the available records and without evidence 
to  support  the  applicant's  appeal;  we  find  no  basis  upon  which 
to  favorably  consider  this  application.    In  view  of  the 
foregoing,  we  conclude  that  no  basis  exists  upon  which  to 
recommend  favorable  action  on  his  request.    In  the  interest  of 
justice,  we  considered  upgrading  the  discharge  based  on 
clemency;  however,  we  do  not  find  the  evidence  presented  is 
sufficient  to  recommend  granting  the  relief  sought  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  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-2012-02306  in  Executive  Session  on  15  Jan  13,  under 
the provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 26 May 12, w/atchs.  
    Exhibit B.  Available Personnel Records. 
    Exhibit C.  Negative FBI Response, dated 3 Jul 12. 
 
 
 
                                   Panel Chair 
 

Panel Chair 
Member 
Member 

  
  
  

 
 
 

 



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