RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02805
		INDEX NUMBER:  110.02

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to honorable.  On 2 Jan 02, applicant amended his application and requests upgrade of his discharge from a BCD to general under honorable conditions.

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APPLICANT CONTENDS THAT:

He was young and immature.  He was dealing with problems at home and feels that his situation was viewed wrongly.  He says he never intended to hurt anyone.  Since his discharge, he has completely turned his life around and become more mature and feels that violence and anger are not a way to solve a problem.  He has devoted his life to religion.

In support of his appeal, the applicant submitted a letter of character reference from his pastor and deacon board; a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States and his Air Force Discharge Review Board (AFDRB) Hearing record.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 23 May 1951, applicant enlisted in the Regular Air Force.  His highest grade held was airman third class (A3C/E-2).  Applicant’s grade at time of discharge was airman basic (AB/E-1).

Applicant received character and efficiency ratings of excellent from 3 Aug – 11 Oct 51; from 19 May – 12 Aug 52, ratings were unknown; from 19 Nov – 26 Nov 52, character and efficiency ratings were excellent, and from 1 Dec – 7 Dec 52, his character rating was very good and his efficiency rating was satisfactory.

On 25 Jan 52, applicant was convicted by Summary Court-Martial for failure to obey a lawful order issued by an officer on or about 18 Jan 52.  He was restricted to the base for 21 days and forfeited $25.00.

On 12 Mar 52, applicant was convicted by Summary Court-Martial for being disrespectful in language toward a non-commissioned officer on or about 28 Feb 52.  He was sentenced to confinement at hard labor (CHL) for one month and forfeiture of $20.00 for one month.

On 6 May 53, applicant was convicted by Summary Court-Martial, in that, on or about 11 Apr 53, he unlawfully struck a female on the face with his hand.  He was restricted to the limits of the base for one month and forfeiture of $25.00.

On 18 Aug 53, applicant was convicted by Summary Court-Martial, in that, on or about 7 Aug 53, he was disorderly in station.  He was sentenced to a reduction to the grade of airman basic, CHL for 45 days and forfeiture of $25.00.

On 12 May 54, applicant was convicted by Summary Court-Martial for failure to obey a lawful order issued by a senior officer.  He was sentence to CHL for 30 days and forfeiture of $34.00.

On 15 Oct 54, applicant was convicted by Special Court-Martial for being drunk and disorderly in a public place on 21 Aug 54 and 1 Sep 54.  He was sentenced to a bad conduct discharge, CHL for four months and forfeiture of $34.00 per month for four months.  

On 17 Jan 55, he was discharged under the provisions of AFR 39-18, with a bad conduct discharge.  He was credited with 3 years, 2 months, and 3 days active service (excludes 172 days of lost time due to three periods of confinement).

On 29 October 1959, the AFDRB considered and denied applicant’s request for an upgrade of his BCD to under honorable conditions (general) (See review of discharge at Exhibit B).

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C.

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AIR FORCE EVALUATION:

On 13 November 2001, HQ AFPC/DPPRS recommended denial.  They found that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, that the discharge was within the sound discretion of the discharge authority.  They also noted that although the applicant submitted two character references, he did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing or provide any facts warranting an upgrade of his discharge.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicated that he did not recall all or some of the specific events leading up to his discharge.  He reiterated his personal problems surrounding the period in question and that he was within four to five months of completing his full four-year contract and was led to believe that he would have completed the full term.  He also states that when he was discharged, he was told that in six months his discharge would be upgraded.

Applicant further states that he was charged with 172 days of lost time yet he only spent one week in the guardhouse prior to being discharged.  

He has worked successfully with the US Marine Corps Post Exchange for over 15 years, bought and paid for his house, and is an active member in his church.  He says he had three and a half years of good time and that time should be good enough for his upgrade request.

Applicant’s complete response is at Exhibit F.

On 25 Feb 02, the FBI Report of Investigation was forwarded to the applicant for review and comment.  At that time, the applicant was also invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit G).  As of this date, no response has been received by this office.

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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, including the letters of character reference submitted in his behalf indicating that his associates hold him in high esteem.  Nonetheless, in view of the seriousness of the misconduct which led to his numerous courts-martial actions and subsequent discharge, and in view of the contents of the FBI Report of Investigation, we are not inclined to recommend upgrade of the characterization of the applicant’s discharge.  Therefore, based on the available evidence of record, the applicant’s request for upgrade of his discharge to general (under honorable conditions) is not favorably considered.

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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 AFBCMR Docket Number 01-02805 in Executive Session on 2 April 2002, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Nov 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 13 Nov 01, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 30 Nov 01, w/atchs.
    Exhibit F.  Statement from Applicant, dated 2 Jan 02,
				 w/atchs.
    Exhibit G.  Letter, AFBCMR, dated 25 Feb 02, w/atchs.