RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-01769

	 	COUNSEL:  IL DEPT OF VET AFFAIRS

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general discharge be upgraded.

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THE APPLICANT CONTENDS THAT:

He was unjustly accused of wrongdoing and was court-martialed along with the individual who was guilty.

The applicant states that another airman had participated in a visit from a German girl in the quarters and he was wrongfully accused of having relations with her and was court-martialed.  

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 19 November 1945 for a period of three years and was progressively promoted to the grade of private first class.

Inasmuch as the discharge correspondence is not available, the facts surrounding the applicant’s discharge are unknown.

The available record reflects that he was tried and convicted by a summary court-martial on 28 August 1946 for failure to repair on 27 August 1946.  He was sentenced to confinement for three days and forfeiture of $5.32.

On 22 October 1946, he was tried and convicted by a summary court-martial for conducting himself in a disorderly manner by introducing a fraulein into his quarters, thereby failing to obey a direct order by his commanding officer.  He was sentenced to confinement at hard labor for 14 days.

The applicant was discharged under the provisions of AR 615-365 on 17 November 1948, with service characterized as under honorable conditions (general).  He completed 2 years, 11 months, and 28 days of active service.

Pursuant to the Board's request, the Federal Bureau of Investigation, Washington, D.C., indicated on the basis of the data furnished they were unable to locate an arrest record (Exhibit E).

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the applicant be denied and states, in part, that the applicant admitted in his statement he was convicted by a court-martial after being accused of having relations with a German girl in his quarters.  He was also convicted by two summary courts-martial for failure to repair and conducting himself in a disorderly manner.  Based on the documentation in the file, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.

The AFPC/DPPRS evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 14 June 2002 for review and response within 30 days.  However, as of this date, this office has received no response.  

On 6 September 2002, the applicant was offered an opportunity to provide information pertaining to his activities since leaving the service; however, no response has been received.

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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 error or injustice.  After thoroughly reviewing the available evidence of record and noting the applicant’s complete submission, we find no evidence of error or injustice.  In this respect, the discharge appears to be in compliance with the governing regulation in effect at the time of his separation.  The applicant has provided no evidence to indicate that his separation was inappropriate.  Absent persuasive evidence applicant was denied rights to which entitled, appropriate regulations were not followed, or appropriate standards were not applied, we find no basis to disturb the existing record.

4.  We also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency.  We have considered the applicant's overall quality of service and the absence of evidence related to his post-service activities and accomplishments.  On balance, we do not believe that clemency is warranted.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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 Docket Number 02-1769 in Executive Session on 19 December 2002 under the provisions of AFI 36-2603:

				Vice Chair
				Member
				Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 14 Jun 02.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Jun 02.
    Exhibit E.  Request for FBI Report, dated 6 Aug 02.
    Exhibit F.  Letter, AFBCMR, dated 6 Sep 02, w/atch.

                                   
                                   Vice Chair