RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
DOCKET NUMBER:  97-03125 

SEP 2 3 1998 

IN THE MATTER OF: 

COUNSEL:  NONE 

HEARING DESIRED:  YES 

Applicant  requests  that  his  rank  of  Airman  Second  Class  be 
restored,  he  receive  payment  for  60  days  accrued  leave, 
reimbursement  of  forfeited pay,  and  separation and  travel pay. 
He also requests that he receive recognition of the Expert Badge, 
Presidential  Unit  Citation  and  7-Level  AFSC. 
Applicant's 
submission is at Exhibit A. 

The appropriate Air  Force offices evaluated applicant's request 
and  provided  advisory  opinions  to  the  Board  recommending  the 
application be  denied  (Exhibit C ) .  
The  advisory opinions were 
forwarded to the applicant for review and response  (Exhibit D). 
Applicant's  response to the advisory opinions is at Exhibit E. 
On 17 July 1996, the Board considered and recommended approval of 
applicant's request for an upgrade of his discharge to honorable. 
The  Board  concluded  that  no  error  was  made  in  the  discharge 
action  taken  against  him;  however,  based  on  his  post-service 
record, his discharge was upgraded based on clemency. 

After  careful  consideration  of  applicant's  request  and  the 
available evidence  of  record, we  find  insufficient evidence  of 
error or injustice to warrant  corrective action.  The facts and 
opinions stated  in the  advisory opinions appear to be  based  on 
the evidence of record and have not been adequately rebutted by 
applicant. 
Absent  persuasive  evidence  applicant  was  denied 
rights  to  which  entitled,  appropriate  regulations  were  not 
followed, or appropriate standards were  not applied, we  find no 
basis to disturb the existing record. 

Accordingly, applicant's request is denied. 

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(s)  involved. 
Therefore, the request for a hearing is not favorably considered. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be  reconsidered upon the presentation of  new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 
Members  of  the  Board  Mr.  David  W.  Mulgrew,  Mr.  Jackson  A. 
Hauslein, and Mr. Terry A. Yonkers considered this application on 

27 August  1998,  in accordance with the provisions of  Air  Force 
Instruction 36-2603 and the governing statute, 10 U.S.C. 1552. 

Exhibits: 

n 

DAVID w. MULGREW d 
Panel Chair 

A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinions 
D.  AFBCMR Ltr Forwarding Advisory Opinions 
E.  Applicant's  Response 

D E P A R T M E N T  O F  THE AIR  FORCE 

H E A D Q U A R T E R S  AIR  FORCE  P E R S O N N E L C E N T E R  

R A N D O L P H  AIR  FORCE B A S E  T E X A S  

MEMORANDUM FOR AFBCMR 

FROM:  AFPC/DPPPWB 

550 C Street West, Ste 09 
Randolph AFB TX 78150-471 1 

SUBJECT: Application for Correction of Military Records 

Requested Action.  The applicant is requesting several actions we will address the one 

requesting the Board restore him to the rank of Airman Second Class. 

Reason for Request.  Applicant believes that errors and injustice occurred before his trial 

even began. 

Facts. See AFLSA/JAJM Ltr 14 Nov 97 

Discussion.  This application has not been submitted within the three year time limitation. 

A review of the records reflects that the highest grade he held while on active duty was airman 
second class, with date of rank of 11 Feb 59.  The applicant was reduced to airman basic by 
Special Court Martial O r d e r e a t e d  24 May 61.  The AFBCMR upgraded the applicant’s 
discharge to an Honorable discharge on 17 Jul96.  It did not grant relief from his court-martial 
sentence, therefore, he was discharged in his proper grade of airman basic.  The applicant was 
promoted to A2C (E-3) on 11 Feb 59. 

Recommendation.  We defer to the recommendation of AFLSA/JAJM. 

&ZM& 

Chief, InquiriedBCMR Section 
Enlisted Promotion & Mil Testing Br 

D E P A R T M E N T   OF  T H E  AIR  FORCE 

H E A D Q U A R T E R S  AIR  FORCE  P E R S O N N E L C E N T E R  

RANDOLPH  AIR  FORCE  B A S E  T E X A S  

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPCDPPPRA 

550 C Street West Ste 12 
Randolph AFB TX  78150-4714 

10 April 1998 

SUBJEC 

Records (DD Form 149) 

1.  REQUESTED ACTION.  Applicant requests his DD Form 214 be corrected to reflect award 
of the Presidential Unit Citation. 

2.  BASIS FOR REQUEST.  Applicant provided nothing to substantiate his claim. 

3.  FACTS. 

a.  The unit  to which the applicant was assigned never earned the Presidential Unit Citation’ 

(Atch 1). 

b  Applicant is entitled to the National Defense Service Medal, which has been added to his 

DD Form 214. 

4.  DISCUSSION.  Since the applicant’s unit never earned the Presidential Unit Citation, he is 
not eligible for this unit award. 

5.  RECOMMENDATION. 

We recommend disapproval of the applicant’s request to have his DD Form 214 corrected to 

reflect award of the Presidential Unit Citation. 

FOR THE COMMANDER I 

GEORGIA A. ‘WSE,  DAFC 
Recognition PrQgrams Branch 
Promotions, Eval & Recognition Div 

DEFENSE FINANCE AND ACCOUNTING SERVICE 

DENVER CENTER 

6760 E. IRVINGTON PLACE 
DENVER, COLORADO 80279 

DFAS-DE/FYCC 

MAY ?  6 I998 

MEMORANDUM FOR AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

ATTN:  AFBCMR 

SUBJECT:  Application for Correction of Military Records 

? 

We examin.ed the application for correction of military 

records for 
are unable to 
sought on only one item, we are forwarding it for your 
consideration. 

.  Since we 
e the relief 

The applicant is requesting several corrective actions. We 

are addressing only the portion pertaining to his payment of 
accrued leave. His request pertaining to reimbursement of 
forfeited pay while incarcerated for 154 days, and separation 
travel pay would depend on his court-martial being overturned by 
the board. 

The former member’s military pay records are no longer 

available to verify any claim for leave not paid at separation. 
Payment can only be made if upheld by government records or other 
substantiating documents that reflect his leave balance at 
separation. If these documents are forwarded to our office by 

the payment of accrued leave can 
administratively. A copy of our letter to 

is attached. 

- 

Based upon the information provided we are forwarding this 

application for correction of military records without 
recommendation. Any action taken by this office for reimbursement 
of forfeited pay and separation travel pay will be determined by 
the board‘s decision on the applicant’s request. 

Our address is DFAS-DE/FYCC, 6760 East Irvington Place, 

Denver, Colorado 80279-7100.  Our point of contact is 

and she may be reached at DSN 926-4790 or commercial 

( 3 0 3 )   676-4790. 

Diana E. Settelmeyer 
Chief, Claims Branch 
Directorate of Debt and Claims 

Management 

DEPARTMENT  OF  THE  AIR  FORCE 
A I R   F O R C E   L E G A L  S E R V I C E S   A G E N C Y   ( A F L S A )  

MEMORANDUM FOR AFBCMR 

FROM: AFLSNJAJM (Major Self) 
112 Luke Avenue, Room 343 
Bolling Air Force Base, DC 20332-8000 

SUBJECT:  Correction of Military Records 

14 Nov 97 

Applicant's request:  In an application dated 29 August 1997, the applicant 

requests that the Board restore him to the rank of Airman Second Class with 26 months 
time in grade, payment for 60 days accrued leave, reimbursement of forfeited pay, and 
separation and travel pay.  He also requests certain miscellaneous personnel items be 
corrected in his record.  The applicant was court-martialed in  1961.  The application is 
therefore not within the three-year filing window provided by  10 U.S.C. 1552(b). 

Facts of military justice action:  The applicant was convicted on 18 Apr 61 , 

pursuant to his guilty plea, at trial by special court-martial of violating a lawful order of a 
superior noncommissioned officer.  He was sentenced to a Bad Conduct Discharge 
(BCD), forfeiture of $70 pay per month for six months, six months confinement, and 
reduction to E- 1.  The applicant had a previous summary court-martial conviction for 
disrespect to a superior noncommissioned officer.  On 25 Sep 61 , the Air Force Discharge 
Review Board suspended the BCD until 25 Mar 62.  The applicant was subsequently 
administratively discharged from the Air Force with an Under Other than Honorable 
Conditions discharge on 3 Nov 61.  The AFBCMR upgraded the applicant's  discharge to 
an Honorable discharge on 17 Jul 96.  It did not grant relief from his court-martial 
sentence. 

The applicant urges the Board to restore his rank and grant him back pay along 

with pay for accrued leave, forfeited pay and travel pay.  The applicant has not provided 
any evidence to challenge the legal sufficiency of his court-martial conviction or 
sentence.  He asks that he be granted sentence relief as a matter of equity because his 
sentence was too severe.  The upgrade of the character of his administrative discharge 
would not automatically include sentence reiief from his court-martial sentence.  They are 
two entirely separate issues.  However, AFI 36-2603, para 7.2.2 states that DFAS settles 
pay claims on the basis of corrected military records and any issues regarding 
entitlements to pay should be directed to them.  Issues regarding corrections to his 
personnel records should be directed to HQ AFPC.