RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03258 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He would like his discharge characterization upgraded in order to gain access to Department of Veteran Affairs (DVA) medical benefits. _________________________________________________________________ APPLICANT CONTENDS THAT: There is no error or injustice in his record. He requests a discharge upgrade based on clemency. In support of his appeal, the applicant provides copies of civilian medical documents. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served on active duty from 21 August 1953 to 13 November 1959. According to General Court-Martial Order Number 3, dated 13 February 1959, the applicant was tried by general court- martial for stealing another airman’s military payment certificates, valued at $270, in violation of Article 121, Uniform Code of Military justice (UCMJ). He pled guilty and was found guilty of the specification and charge. As a result, he received punishment consisting of a bad conduct discharge, forfeiture of $70 pay per month for one month, and confinement at hard labor for one year. In addition, the applicant’s record reveals he had a previous court-martial conviction of stealing $140 from a fellow airman on or about 9 March 1955, for which he was sentenced to a BCD, forfeiture of $50 pay per month for six months, and hard labor for six months. However, that portion of his punishment for a BCD and forfeiture of pay was remitted. The applicant was also convicted of being absent without leave (AWOL) for two days, 6-7 July 1954. After serving his time in confinement, the applicant was discharged in the grade of airman second class (E-2), effective 13 November 1959 with an Under Other than Honorable Conditions (UOTHC) discharge. He served four years, nine months, and eight days on active duty and had 284 days lost time. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report (Exhibit C). On 26 January 2012, the applicant was given an opportunity to respond to the FBI Report and to submit comments about his post service activities (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ 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. Furthermore, we do not find clemency is appropriate in this case since the applicant has not provided any evidence concerning his post-service activities. Based on the foregoing, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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 AFBCMR Docket Number BC-2011-03258 in Executive Session on 27 March 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2011-03258: Exhibit A. DD Form 149, dated 11 Aug 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 26 Jan 12, w/atch.