RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02925 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general (under honorable conditions). _________________________________________________________________ APPLICANT CONTENDS THAT: He does not deserve an undesirable discharge. He was told that he would get a general discharge. He was discharged for being convicted by civil court, however, he was not. He wrote bad checks and did not have enough money in the bank to cover them. He paid the checks off and the court dropped the case, but he was still discharged. He would like to explain the situation to someone in person. In support of his request, the applicant provides a personal statement, copies of his DD Form 214, Report of Separation from the Armed Forces of the United States, and his military personnel records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant’s discharge package is missing from his master personnel records. It appears that his records were loaned out to the Department of Veterans Affairs (DVA) in 1957. Therefore, the circumstances and facts surrounding his discharge are not available. On 11 Aug 49, the applicant enlisted in the Air Force, for a period of three years, in the grade of private. The available records show on 24 Dec 51, the applicant was arrested and convicted by civil authorities for “swindling with a worthless check” and sentenced to serve 30 days and forfeit $50.00 pay. He served his sentence from 17 Jan to 16 Mar 52. On 28 Jan 52, he was convicted by special court martial for writing bad checks on or about (o/a) 17 Nov and 13 Dec 51, and for failure to go from his appointing place of duty o/a 4 and 7 Jan 52. Punishment consisted of confinement at hard labor for two months and forfeiture of $50.00 pay per month for two months. He was convicted by a special court martial and served a sentence from 17 Jan 52 to 16 Mar 52. On 20 Mar 52, he was discharged in the grade of private, under the provisions of AFR 39-22, Disposition of Individuals Convicted by Civil Court, with service characterized as under other than honorable conditions (undesirable). He served a total of two years, seven months, and nine 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 24 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 the applicant outlines his military career and states he did not get into any trouble at any of the bases he was assigned but he wrote checks that bounced. He paid the checks in full, and the court case was dismissed. However, a few weeks later the military charged him for the same thing, and put him in the stockade for 60 days and when he was released he was discharged. Since his discharge he has worked as a mechanic and a truck driver. He served time in jail for nonpayment of child support; he was not making enough to pay his monthly payments. He had lung cancer and has several health issues to include; macular degeneration, only one functioning kidney, uses oxygen at night and sometimes during the day, and has stomach problems. He is 79 years old and has been married to his second wife for 40 years. His wife is a volunteer for Hospice; he would like to volunteer; however, cannot due to his eyes. He cannot drive a car, or walk far without having trouble breathing. In support of his appeal, the applicant provides a personal letter, and four character reference letters. 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 that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that the applicant was not afforded all the rights to which entitled at the time of discharge. We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. The only other basis upon which to consider upgrade of his discharge would be clemency. Although the applicant has provided some statements concerning post- service conduct, we find these statements insufficient to warrant an upgrade of his discharge on the basis of clemency. Should he provide statements from community leaders and acquaintances attesting to his good character and reputation and other evidence of successful post-service rehabilitation, we will reconsider this case based on the new evidence. We cannot, however, recommend approval based on the current evidence of record. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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-2010-02925 in Executive Session on 24 May 11, under the provisions of AFI 36-2603: The following documentary evidence pertaining to Docket Number BC-2010-02925 was considered: Exhibit A. DD Forms 149, dated 10 Aug 10 and 20 Feb 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report of Investigation, dated 4 Mar 11. Exhibit D. Letter, AFBCMR, dated 24 Mar 11. Exhibit E. Letter, Applicant, dated 1 Apr 11, w/atchs.