RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03269 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect that he received an honorable discharge. ________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214 reflects that he received an honorable discharge. However, the Federal Bureau of Investigations (FBI) reflects that he received a dishonorable discharge and he needs to get his record straight with the FBI. The applicant states his failure to timely file should be waived in the interest of justice because it was recently discovered during a background investigation. In support of his appeal, the applicant provides various documents associated with his request. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to the DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, provided by the applicant, on 17 Feb 55, he enlisted in the Regular Air Force. On 9 May 56, the applicant pled not guilty but was found guilty of one specification of assault in violation of Article 128 of the Uniform Code of Military Justice (UCMJ) and was sentenced at a General Court-Martial to a dishonorable discharge, forfeiture of all pay and allowances, and to be confined to hard labor for three years. On 19 Dec 56, the convening authority remitted the unexecuted portions of the sentence to confinement and forfeitures and directed that the dishonorable discharge be suspended until 19 Jun 57, at which time, unless sooner vacated, it will be remitted without further action. On 16 Sep 59, the applicant was relieved from active duty and transferred to the Air Force Reserve (AFRES). On 31 Jan 63, the applicant was relieved from the AFRES and furnished an honorable discharge, effective 16 Feb 63. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends the Board take no action indicating the applicant’s records appear to be correct. The applicant contends that during a FBI background check, he discovered they have him listed as dishonorably discharged. The applicant did not submit a copy of his background check so we are not able to see what incorrect information is on the record. The applicant did receive an honorable discharge when his dishonorable discharge was suspended and his DD Form 214 properly annotates an honorable discharge. According to the FBI’s published information on criminal background checks, they will only make amendments to criminal background information if the request comes directly from the original reporting agency. The Air Force Office of Special Investigation (AFOSI) and Security Forces are the agencies that handle tracking and reporting criminal offenses to local and national authorities, however, it is likely that the background check is showing the applicant’s convictions, not the type of discharge. Without the actual background check paperwork, we are unable to help determine if the records are incorrect or where the applicant need to route his request to get his records updated. The complete JAJM evaluation, with attachments, is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant maintains that his dishonorable discharge was suspended and that he has provided the necessary documentation to substantiate his request. He provides additional copies of documents already provided in his initial application. ________________________________________________________________ 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, based on the available records we find no evidence of an error or injustice. Therefore we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basic for our conclusion the applicant has failed to sustain his burden of proof of an error on injustice. Should the applicant provide evidence to show that his Air Force records are in error, we would be willing to reconsider his request. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought. ________________________________________________________________ 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-2014-03269 in Executive Session on 8 Apr 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Aug 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 24 Sep 14, w/atch. Exhibit D. Letter, AFLOA/JAJM, dated 24 Nov 14, w/atchs. Exhibit E. Letter, SAF/MRBR, dated 23 Dec 14. Exhibit F. Letter, Applicant, undated, w/atchs. 3