RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03533
	INDEX CODE:  110.00
	COUNSEL:  NONE

	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to general.
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APPLICANT CONTENDS THAT:

The applicant provided no contentions.

In support of his application, he submits a copy of his WD 53-59, Enlisted Record of Separation Undesirable Discharge.

The applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

On 22 Jul 46, the applicant enlisted in the Regular Air Force at the age of 21.

On 20 Jun 49, the applicant was tried and found guilty by a special court-martial for wrongfully and unlawfully soliciting and receiving from another airman, $1.00 or more, lawful money, in return for assistance given by him, under color of his office, in obtaining for airman transportation on a military aircraft.

The applicant was sentenced to confinement at hard labor for six months, reduction to the lowest enlisted grade and forfeiture of $30.00 pay per month for six months.

In a letter dated 22 Jun 49, the applicant's commander indicated that the applicant was totally unfit for further retention in the Air Force because of misconduct.  He states the applicant admitted in writing during an official investigation that he solicited and accepted money for a Government parachute which was wrongfully obtained from a sailor.  He also fired a carbine for which disciplinary action was withheld pending completion of investigation involving Government parachutes.  The applicant was reported to be negligent in personal cleanliness and had shown an unwillingness to comply with orders issued in connection with the policy governing his quarters. 

The sentence was affirmed by Special Order No. 74 dated 15 Jul 49 and the applicant was discharged from the Air Force on 15 Jul 49 with an undesirable discharge.

In response to the Board’s request, the FBI indicated they were unable to identify with an arrest record pertaining to the applicant on the basis of information furnished (Exhibit C).

On 5 Feb 08, a request for post-service information was forwarded to the applicant for response within 30 days.  To date, no response has been received (Exhibit D).

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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.  We took notice of the applicant's complete submission in judging the merits of the case; however; based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority.  The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis.  Therefore, in the absence of evidence to the contrary, we find no basis upon which 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 20 March 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered in AFBCMR BC-2007-03533:

	Exhibit A.  DD Form 149, dated 18 Oct 07, w/atch.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  FBI Report, undated.
	Exhibit D.  Letter, AFBCMR, dated 5 Feb 08 w/atchs.