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AF | BCMR | CY2013 | BC-2013-00829
Original file (BC-2013-00829.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00829
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be 
upgraded to an honorable or general discharge.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and immature when he entered military service.  He 
had difficulty coping with the stress of military service.  He 
did not want to stay in the military.

The applicant’s complete submission is at Exhibit A.

_________________ ______________________________________________

STATEMENT OF FACTS:

On 10 Oct 58, the applicant commenced his enlistment in the 
Regular Air Force.

On 23 Aug 60, the applicant was tried by a general court-martial 
for two specifications for stealing $142.00 from a store and a 
pistol valued at $68.00.  The applicant pled guilty and was 
found guilty of stealing.  He was sentenced to a bad conduct 
discharge (BCD), six months confinement, and forfeiture of 
$55.00 per month for six months.  On 22 Sep 60, the convening 
authority approved the findings and sentence as adjudged.  On 
12 Oct 60, the Board of Review approved and affirmed the 
findings and sentence.  On 9 Feb 61, the applicant met a 
Clemency Review Board and the Board remitted the unexecuted 
portions of the applicant’s punishment and suspended his BCD 
until 9 Aug 61.

On 12 Nov 61, the applicant was furnished an under other than 
honorable conditions (UOTHC) discharge and was credited with two 
years, eight months, and eight days of active service.


On 18 Nov 13, a request for post-service information was 
forwarded to the applicant for response within 30 days 
(Exhibit E).  As of this date, no response has been received by 
this office.

________________________________________________________________

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial to upgrade the applicant’s 
discharge noting he has not identified any error or injustice in 
the processing of his court-martial.  The applicant plead guilty 
to two specifications of theft.  The discharge characterization 
the applicant received was not a direct result of his court-
martial as his BCD was remitted in Aug 61 on the basis of 
clemency.  

While the AFBCMR may grant clemency and upgrade his UOTHC 
discharge, it would be unfair to those who honorably served 
their country while in uniform.  Congress’ intent in setting up 
the Veteran’s Benefits Program was to express thanks for 
veterans’ personal sacrifices, separations from family, facing 
hostile enemy actions, and suffering financial hardship.  It 
would be offensive to all those who served honorably to extend 
the same benefits to someone who committed crimes such as the 
applicant’s while on active duty. 

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 10 May 13 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.  The 
applicant is requesting his UOTHC discharge be upgraded.  We 
took notice of the applicant’s complete submission and found no 
evidence which to warrant a change in his characterization.  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.  However, the applicant has not identified any errors 
or injustices with the court-martial proceedings.  As a result 
of the court-martial conviction he was sentenced a BCD.  
However, while in confinement the applicant went before a 
Clemency Review Board, and the unexecuted portion of his 
punishment and BCD was remitted by the Board and he was 
furnished a UOTHC discharge and we are not convinced by the 
evidence of record that the applicant’s UOTHC discharge 
represents an error or injustice.  In the interests of justice, 
we considered upgrading the applicant’s UOTHC discharge on the 
basis of clemency.  However, in the absence of any evidence 
related to the his post-service activities that would enable the 
Board to determine if his accomplishments since his discharge 
are sufficient to overcome the misconduct for which he was 
discharged, 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-2013-00829 in Executive Session on 19 Dec 13, under 
the provisions of AFI 36-2603:

	, Chair
	, Member
	, Member

?
The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-00829 was considered:

	Exhibit A.  DD Form 149, dated 1 Feb 13.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFLOA/JAJM, dated 29 Apr 13.
	Exhibit D.  Letter, SAF/MRBR, dated 10 May 13.
	Exhibit E.  Letter, AFBCMR, dated 18 Nov 13, w/atch.




                                   
                                   Chair



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