RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2003-00040
		INDEX CODE 106.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His 1963 undesirable discharge be upgraded to general.

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APPLICANT CONTENDS THAT:

He was 21 years old and there was a lot of racial bias then. Also, he took the fall for others.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Most of the applicant’s records were destroyed in the Jul 73 fire at the National Personnel Records Center (NPRC).  

The applicant enlisted on 22 Jul 59. He was convicted by a summary court-marital on 4 Nov 60 for being absent without leave (AWOL) from 17 Oct to 3 Nov 60 (during which time he got married on 25 Oct 60). He was reduced to airman basic, confined to hard labor for 30 days, and forfeited $55.00.  On 10 Jan 63, he pled guilty to and was convicted of two specifications of stealing and selling government property valued less than $40.00 (several packages of sandpaper and 24 rolls of masking tape) by special court-martial. His punishment was confinement to hard labor for three months, forfeiture of $25.00 per month for three months and reduction from airman third class to airman basic. The sentence was adjudged on 23 Jan 63.  There is no DD Form 214, but there is a Certification of Military Service dated 27 Apr 88, indicating he was given an undesirable discharge on 8 Mar 63.

Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Washington, D.C., provided an investigative report, which is attached at Exhibit C. 
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AIR FORCE EVALUATION:

HQ AFPC/DPPRS provided their rationale for recommending denial.

A complete copy of the evaluation is at Exhibit D.

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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 28 Feb 03 for review and comment within 30 days.  As of this date, this office has received no response. 

On 14 Apr 03, a complete copy of the FBI Report was forwarded to the applicant for review and comment within 15 days.  As of this date, this office has received no response.

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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 to warrant upgrading the applicant’s discharge. Although most of his records were destroyed in 1973, enough information remains to reveal he was convicted twice by summary court-martial; first in 1960 for being AWOL and again in 1963 for stealing and selling government property. These offenses supported the undesirable discharge and the applicant has not shown its characterization should be changed on the grounds of discrimination, error or injustice. Further, the FBI investigative report indicates his behavior worsened after his separation. Consequently, we find no justification to recommend upgrading the discharge on the basis of clemency. We therefore agree with the recommendations of the Air Force and, absent persuasive evidence to the contrary, find no compelling reason to recommend granting the relief sought.

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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 this application in Executive Session on 15 May 2003 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2003-00040 was considered:

   Exhibit A.  DD Form 149, dated 11 Jan 03.
   Exhibit B.  Applicant's Limited Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 19 Feb 03.
   Exhibit E.  Letter, SAF/MRBR, dated 28 Feb 03.
   Exhibit F.  Letter, AFBCMR, dated 14 Apr 03.