RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2013-02918

		COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.
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APPLICANT CONTENDS THAT:

He made a regrettable mistake when he was 19 years old and has spent the last 50 years atoning for it.  The Board should look at the accomplishments of his 
entire life, his tremendous remorse for the mistake which took him away from his dream of being a soldier, and find that he is worthy of his discharge 
being upgraded.

The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 3 Nov 50.

On 1 Oct 53, the applicant was furnished an undesirable discharge and credited with 2 years, 10 months, and 29 days of total active service.

On 26 Jun 14, a request for post-service information was forwarded to the applicant for review and comment.  In response, the applicant provides several 
supporting statements attesting to his contributions to his community and a copy of his request for a pardon.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force which is at Exhibit C.  

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AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial, indicating there is no evidence of 
an error or injustice.  The applicant's service record shows 
that he was arrested 8 Sep 53 by civilian authorities.  He was 
tried and convicted of petit larceny (theft of automotive 
accessories) and sentenced to 30 days in jail or a $50.00 fine. 
He did not complete his sentence in the County Jail because 
Federal civilian authorities took him from county on charges of 
grand larceny.  He was tried and convicted for theft of 
government weapons and sentenced to one year confinement.  He 
was placed on probation for one year in lieu of confinement.  On 
14 Sep 53, his commander recommended that the applicant be 
administratively discharged.  He was discharged on 1 Oct 53.  
The applicant was administratively discharged based on his off-
base misconduct for which he was tried and convicted by civilian 
authorities, not a military-justice action.  Accordingly, from a 
military-justice perspective, there is no basis to grant the 
applicant's request.

A complete copy of the AFLOA/JAJM evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 24 Jan 14 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

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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 an 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.  In the interest of justice, we considered upgrading the discharge based 
on clemency; however, we do not find the evidence presented is sufficient for us to conclude that the applicant’s post-service activities overcome the 
misconduct for which he was discharged.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in 
this application.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material 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-2013-02918 in Executive Session on 23 Sep 14, under the provisions of AFI 36-2603:

	Panel Chair 
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 12 Jun 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFLOA/JAJM, dated 23 Oct 13.
Exhibit D.  Letter, SAF/MRBR, dated 24 Jan 14.
Exhibit E.  Letter, AFBCMR, dated 26 Jun 14.
Exhibit F.  Letter, Applicant, dated 14 Jul 14.
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