RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04487 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to a general (under honorable conditions). _________________________________________________________________ APPLICANT CONTENDS THAT: Prior to his enlistment he received a juvenile conviction and was led to believe that this conviction would not prevent him from entering military service. In support of the applicant’s appeal, he provides a personal statement and documents extracted from his service medical records and military personnel records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 8 August 1950 for a period of four years. The commander recommended the applicant be discharged from the Air Force under the provisions of AFR 37-21 (Fraudulent Enlistment). The specific reason was that the applicant was convicted upon pleas of guilty of the crimes of larceny and two counts of breaking and entering. At the time of his enlistment, the applicant denied any conviction of crime and imprisonment. The convictions were entered on 13 February 1950 in the Superior Court of the Commonwealth of Massachusetts. Three sentences of six months each were adjudged to be served concurrently. The discharge authority concurred with the recommendation and directed an undesirable discharge. The applicant was discharged on 7 June 1951. He served 6 months and 15 days on active duty with 105 days of lost time. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an arrest record which is at Exhibit C. On 30 August 2011, a copy of the FBI Report of Investigation and a request for information pertaining to his post-service activities was forwarded to the applicant for review and response within 30 days (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. Additionally, due to the lack of evidence of a successful post-service adjustment and in view of the information contained in the FBI investigative report, we do not find it would be in the interest of justice to upgrade his discharge on the basis of clemency. Therefore, the applicant’s request is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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-2011-04487 in Executive Session on 9 August 2012, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-04487 was considered: Exhibit A. DD Form 149, dated 1 November 2010, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Federal Bureau of Investigation Report. Exhibit D. Letter, AFBCMR, dated 26 June 2012.