RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02093
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable or general.
APPLICANT CONTENDS THAT:
He was not derelict in the performance of his duties and did not
understand the potential hazards of his court-martial. He did
not understand that he could have representation or counsel to
assist him in the court-marital.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
15 Nov 54.
On 4 Sep 56, the applicant was found guilty, contrary to his
plea, at a summary Court-Martial for insubordination and failure
to obey an order in violation of Articles 91 and 92, Uniform
Code of Military Justice (UCMJ). He was sentenced to forfeit
$25.00.
On 17 Dec 56, the applicant was found guilty, contrary to his
plea, at a special Court-Martial for absenting himself from his
organization without proper authority and breach of arrest or
escape in violation of Articles 86 and 95, UCMJ. He was
sentenced to forfeitures of pay of $65.00 per month for three
months, and confinement at hard labor for three months.
On 18 Feb 57, the convening authority approved the sentence as
adjudged.
On 26 Apr 57, the applicant was furnished an UOTHC discharge and
was credited with 1 year, 11 months, and 12 days of active
service.
On 31 Jul 14, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office (Exhibit C).
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit D.
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial indicating there is no evidence of
an error or an injustice. The punishment adjudged and approved
by the convening authority was within the range of permissible
punishments. In accordance with 10 USC 1552(f), the Board has
no authority to overturn the court-martial conviction but may
only on the basis of clemency, correct the actions taken by the
reviewing authorities, i.e., the sentence. To upgrade the
applicants discharge now would require the Board to substitute
its judgment for that rendered by the command over 50 years ago
when the facts and circumstances were fresh. Not only was the
applicant found guilty of multiple offenses at two different
court-martials, his sentence was then approved by the convening
authority, which sentences eventually led to his discharge.
A complete copy of the AFLOA/JAJM evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 24 Nov 14 for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. 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. We find no evidence which indicates the applicants
service characterization, which had its basis in his court-
martial conviction and was a part of the sentence of the
military court, was improper or that it exceeded the limitations
set forth in the Uniform Code of Military Justice (UCMJ). We
have considered the applicants overall quality of service, the
court-martial conviction which precipitated the discharge, and
the seriousness of the offenses to which convicted. However, in
the absence of any evidence related to the applicants post-
service activities that would enable us 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.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
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-2014-02093 in Executive Session on 29 Jan 14, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02093 was considered:
Exhibit A. DD Form 149, dated 15 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 31 Jul 14.
Exhibit D. Memorandum, AFLOA/JAJM, dated 29 Oct 14.
Exhibit E. Letter, SAF/MRBR, dated 29 Nov 14.
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