RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 01-02031

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He is not proud of the fact that he received a BCD and if he could do it all over again, it would not have happened.

The applicant states that when he got out of the service he made up his mind to straighten up and stay out of trouble.  He has stayed out of trouble since his discharge.  He was 18 years old at the time of his discharge and did not know any better.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 25 June 1956, for a period of six years.

He was absent without leave (AWOL) from 24 April to 5 May 1957.

The applicant was tried by a special court-martial on 2 August 1957 for the violating Article 123 and 134 of the Uniform Code of Military Justice (UCMJ) based on the following:

	a.	On or about 7 January 1957, with intent to defraud, he falsely made in its entirety and dispatched to the addressee, a certain letter, which would if genuine, apparently operate to the legal prejudice of another.

	b.	On or about 21 March 1957, he wrongfully and unlawfully secrete one letter addressed to another individual, one postal card addressed to another individual, and one circular addressed to another individual, which said mail matter had previously been committed to the custody of the applicant as Unit Mail Clerk, for delivery to the said addressee before delivery to the persons to whom is was directed.

	c.	On or about, 28 March 1957, he wrongfully and unlawfully stole and opened a certain letter addressed to the Commander, 506th Tactical Hospital, Tinker AFB.

	d.	On or about, 15 December 1956 to 1 June 1957, he wrongfully and dishonorably failed to pay a debt to a service station in the sum of $64.45 for merchandise received, which amount was due and payable on or about 15 December 1956.

The applicant pled guilty to all of the specifications and charges and was found guilty of all charges except the 21 March 1957 charge.  He was sentenced to be discharged from the Air Force with a BCD, forfeiture of $50 a month for six months, and to be confined at hard labor for six months.  

The sentence was adjudged on 3 July 1957 and the applicant was discharged with a bad conduct discharge (BCD) on 3 December 1957.  He completed 1 year and 20 days of active service, with 142 days of lost time.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an Investigative Report that is at Exhibit F.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  AFPC/DPPRS states, in part, that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He has provided no other facts warranting an upgrade of the discharge.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he has nothing more to present towards getting his discharge upgraded.

In further support of the appeal, the applicant submits a copy of a letter sent to his Congressman and an extract from his court-martial.

The applicant’s complete response, with attachments, is at Exhibit E.

A copy of the FBI Investigative Report was forwarded to the applicant on 29 March 2002 for review and response.  The Board also invited the applicant provide additional evidence pertaining to his post-service activities.

In a letter, dated 15 April 2002, the applicant states that he has no excuse for the way he acted while in the service and to this day does not understand why he acted the way he did.  He does not contend that the court-martial was unfair, only that his discharge should be upgraded since he has stayed out of trouble since his discharge.

In further support of the appeal, the applicant submits documentation regarding his post-service activities.

The applicant’s complete response, with attachments, is at Exhibit G.

_________________________________________________________________

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.	We find no impropriety in the characterization of applicant’s discharge.  It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that applicant was not afforded all the rights to which entitled at the time of discharge.  Considered alone, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.

4.	Consideration of this Board, however, is not limited to the events which precipitated the discharge.  We have a Congressional mandate which permits consideration of other factors; e.g., applicant’s background, the overall quality of service, and post-service activities and accomplishments.  Further, we may base our decision on matters of equity and clemency rather than simply on whether rules and regulations which existed at the time were followed.  This is a much broader consideration than officials involved in the discharge were permitted, and our decision in no way discredits the validity of theirs.

5.	Under our broader mandate and after careful consideration of all the facts and circumstances of applicant’s case, we are persuaded that applicant has overcome the behavioral traits which led to the contested discharge and has been a productive member of society.  We recognize the adverse impact of the discharge applicant received; and, while it may have been appropriate at the time, we believe it would be an injustice for him to continue to suffer its effects. Accordingly, we find that corrective action is appropriate as a matter of equity and on the basis of clemency.  Therefore, we recommend his records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 3 December 1957, he was discharged with service characterized as general (under honorable conditions).

_________________________________________________________________

The following members of the Board considered Docket Number 01-02031 in Executive Session on 2 May 2002, under the provisions of AFI 36‑2603:
 
	            Panel Chair
	            Member
	            Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 June 2001, w/atchs
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 5 Sep 01.
    Exhibit D.  Letter, SAF/MIBR, dated 21 Sep 01.
    Exhibit E.  Letter, Applicant, dated 2 Oct 01, w/atchs.
	Exhibit F.  Investigative Report, FBI.
	Exhibit G.  Letter, AFBCMR, dated 29 Mar 02.
	Exhibit H.  Letter, Applicant, dated 15 Apr 02, w/atchs.

                                   

AFBCMR 01-02031

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 3 December 1957, he was discharged with service characterized as general (under honorable conditions).