ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00518
		INDEX CODE:  110.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he requests that his dishonorable discharge be upgraded based on clemency.
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STATEMENT OF FACTS:

The applicant contracted his enlistment in the Regular Air Force on 8 Oct 53 for a period of four years.

On 13 Sep 55, applicant was tried before a general court-martial convened at Itami Air Base (AB), Japan for violation of Article 121, UCMJ (Theft).  He pled not guilty to the specification and charge; however, he was found guilty and sentenced to be discharged with a bad conduct discharge, forfeiture of $50.00 per month for 12 months and confinement at hard labor for 12 months.  The sentence was adjudged on 18 Oct 55.  A previous conviction of wrongful appropriation, by special court-martial on 14 Apr 54, was considered by the general court-martial in sentencing the applicant.  During confinement pursuant to the general court-martial sentence, the applicant was charged with conspiracy to commit sodomy, sodomy and assault.  He was tried jointly with three co-defendants by a general court-martial convened at Itami AB, Japan; after pleading not guilty, he was adjudged guilty of all three specifications and charges on 20 Jan 56.  The sentence of dishonorable discharge, total forfeiture and confinement at hard labor for seven years was approved by the convening authority on 9 May 56.  The Air Force Board of Review affirmed the findings and sentence on 28 Jul 56 and the applicant’s petition to the US Court of Military Appeals for a grant of review was denied on 18 Dec 56.  On 15 Jan 57, the applicant was discharged in the grade of airman basic (E-1) with a dishonorable discharge under the provisions of AFR 39-18 (Sentence of Court-Martial).  At the time of his separation, he was credited with 1 year, 10 months and 11 days of active duty service and 517 days of lost time.

A similar appeal was considered and denied by the Board on 8 Jul 76 (refer to Exhibit A for the rationale of the earlier decision by the Board).

The applicant’s subsequent requests for reconsideration of his application were denied by the Board on 10 Apr 02 and 13 Jun 02 respectively (Exhibit C).

In the applicant’s most recent request for reconsideration, post-marked 22 Jul 02, he submits post-service information.  The applicant’s complete submission, with attachments is at Exhibit D.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, provided an investigative report which is attached at Exhibit E.
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APPLICANT'S REVIEW OF FBI INVESTIGATIVE REPORT:

A copy of the FBI report was forwarded to applicant on 31 Jul 02 for review.  As of this date, no response has been received by this office Exhibit F.
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THE BOARD CONCLUDES THAT:

We have considered the additional evidence provided relating to applicant’s post-service activities and accomplishments.  While these documents are laudable, they do not alleviate the seriousness of his misconduct during the time he was in the military service.  Notwithstanding the applicant’s improved behavior since leaving the military service, the characterization of his service was based on the circumstances which existed at the time and resulted from his own extensive misconduct.  We do not find the characterization of his discharge unduly harsh for the numerous offenses committed.  In view of the above and the seriousness of the misconduct which led to his trial and conviction by the military court, we are not inclined to exercise clemency in the form of an upgrade to the applicant’s discharge at this time.
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
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The following members of the Board considered this application in Executive Session on 12 September 2002, under the provisions of AFI 36‑2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number 02-00518.

	Exhibit A.	Letter, AFBCMR, dated 8 Jul 76, with DD Form 149,
		dated 5 May 76, and HQ USAF/JAJM’s letter, dated
         	18 Jun 76.
	Exhibit B.	Applicant’s Master Personnel Records.
    Exhibit C.	Letters, AFBCMR, dated 10 Apr 02 and 13 Jun 02,
		with Applicant’s reconsideration requests of
		18 Dec 01 and 17 Apr 02.
    Exhibit D.	Applicant’s reconsideration request, post-marked
		22 Jul 02, w/atchs.
    Exhibit E.	FBI Identification Record.
    Exhibit F.	Letter, AFBCMR, dated 31 Jul 02.