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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