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 applicants 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 applicants 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 applicants
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 Veterans 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
applicants 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 applicants 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 applicants UOTHC discharge
represents an error or injustice. In the interests of justice,
we considered upgrading the applicants 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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