RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00252 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general (under honorable conditions). _________________________________________________________________ APPLICANT CONTENDS THAT: In 1961, while in the Air Force, he was driving who he thought were “his friends” around town; they stole ice cream from a truck which he thought they paid for. In support of his request, the applicant provides a personal statement, and a copy of his discharge certificate. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 18 Nov 59, the applicant enlisted in the Regular Air Force and was progressively promoted to the grade of airman third class. A Report of Investigation made by the Office of Special Investigations (OSI), revealed the applicant was charged with breaking and entering in the night-time with intent to commit larceny at the El Rancho Packing Company at Clovis on 26 Mar 61. He and another airman, and two civilian juveniles, broke into the El Rancho Packing Company and stole a gun, ammunition, money, and other merchandise. He was arraigned in district court, and pled guilty. Under the statute, his punishment was one to three years in the State Penitentiary. The applicant was notified by his squadron commander that he was recommending his discharge from the Air Force due to his civil conviction of breaking and entering with the intent to commit larceny, and subsequent confinement in the State Penitentiary. The applicant was interviewed by the Office of Special Investigations (OSI), and admitted to committing the following break-ins: Stateline Food Market on 25 Feb and 11 Mar 61, Borden’s Dairy on 8 and 11 Mar 61; Hubby’s & Son on 25 Mar 61, Highway 70 Café on 26 Mar 61, Rancho Packing Company on 26 Mar 61, and Cosray Service Station on 27 Mar 61. The applicant acknowledged receipt of the discharge notification, and of his right to consult with legal counsel, submit statements in his own behalf, and to appear before a board of officers. Without the assistance of counsel, the applicant waived his right to appear before a board of officers, and to submit statements in his own behalf. He understood if his request for discharge was approved that his separation from the Air Force could be under conditions other than honorable and he could receive an undesirable discharge. The base legal office reviewed the case and found it legally sufficient to support separation. On 8 Aug 61, he was discharged in the grade of airman third class, under the provisions of AFR 39-22, Discharge of Airmen for Misconduct Because of Civil Court Dispositions, with service characterized as under other than honorable conditions (undesirable). He served a total of one year, four months, and six days of active duty service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. On 2 Mar 11, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. At the same time, the AFBCMR staff offered the applicant an opportunity to provide information pertaining to his activities since leaving the service (Exhibit D). In response to the request the applicant provided a personal statement outlining both his Air Force and civilian careers. He worked for a healthcare facility helping the elderly. He took several classes and became a certified nurse’s aid. He is currently a school bus driver for a local school. He was a volunteer firefighter. He provided three character letters, a letter from the American Red Cross, and an evaluation from the American Red Cross Nurse Assistant Training Course. The applicant’s complete response, with attachments, is at Exhibit E. _________________________________________________________________ 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, we find no evidence of an error or injustice that occurred in the discharge processing. 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 have noted the information provided by the applicant related to his post service activities. However, we do not find this evidence sufficient to warrant favorable consideration of the applicant’s request based on clemency. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered Docket Number BC-2011-00252 in Executive Session on 9 Jun 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to Docket Number BC-2011-00252 was considered: Exhibit A. DD Form 149, dated 13 Jan 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report of Investigation, dated 14 Feb 11. Exhibit D. Letter, AFBCMR, dated 2 Mar 11. Exhibit E. Letter, Applicant, undated, w/atchs. Panel Chair