Search Decisions

Decision Text

AF | BCMR | CY1998 | 9800147
Original file (9800147.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 
m 

DOCKET NO:  98-00147 
COUNSEL:  NONE 

HEARING DESIRED:  NO 

ic 

Applicant requests that his under other than honorable conditions 
discharge be upgraded to honorable.  Applicant's submission is at 
Exhibit A. 

The  appropriate Air  Force  office  evaluated  applicant's request 
and provided an advisory opinion to the Board  recommending the 
application be  denied  (Exhibit C).  The  advisory  opinion  was 
forwarded to the applicant for review and response  (Exhibit D) . 
As of this date, no response has been received by this office. 
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 opinion appear to be based on the 
evidence  of  record  and  have  not  been  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 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 C. Van Gasbeck, Mr. Michael  P. 
Higgins, and Mr. Thomas S. Markiewicz considered this application 
on 17 June 1998, in accordance with the provisions of Air Force 
Instruction 3 6 - 2 6 0 3 ,   and the governing statute, 10 U.S.C. 1552. 

Exhibits : 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  SAF/MIBR Ltr Forwarding Advisory Opinion 

DEPARTMENT OF  THE AIR FORCE 

HEADQUARTERS AIR  FORCE PERSONNEL CENTER 

RANDOLPH AIR  FORCE BASE TEXAS 

MEMORANDUM FOR AFBCMR 

FROM: HQ AFPC/DPPRS 

550 C Street West Ste I1 
Randolph AFB TX  78 150-471 3 

SUBJECT: Application for Correction of Military Records -4- 
The applicant, while serving in the grade of airman second class, was discharged fkom the Air 

Force 21 Sep 64 under the provisions of AFR 39-22 (Civil Court Conviction) and received an 
under other than honorable conditions discharge.  He served 03 years, 01 month and 12 days total 
active service 

I 

’ 

Reauested Action.  The applicant is requesting that his under other than honorable conditions 

discharge be upgraded to honorable. 

Basis for Request.  Applicant claims he convicted in civil court for grand larceny and he was not 
guilty. 

Facts.  On 21 Aug 64, applicant’s commander recommended that the applicant be eliminated 
fiom the Air Force under AFR 35-22 based on his conviction in civil court for grand larceny and 
sentenced to five (5) years confinement.  An Order of Probation in the Circuit Court was issued 
on 22 Jul64, stating the defendant had entered a pleas of guilty and had never before been 
convicted of a felony in that state, placed him on probation for 18 months.  On 2 f  Aug 64, 
applicant made application for an undesirable discharge in lieu of a Board of Officers.  In his 
application, applicant indicated that legal counsel had been made available to him and that he 
understood that if the application was approved, his separation ftom the Air Force may be under 
conditions other than honorable and that he may receive an undesirabfe discharge.  The 
applicant’s application for discharge without benefit of Board Proceedings was approved on 16 
Sep 64 and the discharge authority directed that he be issued an under other than honorable 
conditions discharge. 

Discussion.  This case has been reviewed and the discharge was consistent with the procedural 

and substantive requirements of the discharge regulation and was within the discretion of the 
discharge authority and that the applicant was provided fir11 administrative due process.  The 
records indicate member’s military service was reviewed and appropriate action was taken. 

98001 47 
- . . . . . . . . . - 

. 

<

,

 

.  * 

*Y' 

Recommendation.  Applicant did not submit evidence or identitjr any errors in the discharge 

processing nor provide facts which warrant an upgrade of the discharge he received over 33 years 
ago. Accordingly, we recommend appiicant's request be denied.  He has not filed a timely request. 

JOHN C. WOOTEN, GS-9 
Military Personnel Mgmt Spec 
Separations Branch 
Dir of Personnel Program Management 

98001 47 
- - - - .  . . 



Similar Decisions

  • AF | DRB | CY2002 | FD2002-0178

    Original file (FD2002-0178.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0178 GENERAL: The applicant appeals for upgrade of discharge to Honorable. Attachment: Examiner's Brief FD2002-0178 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former SSGT) (HGH TSGT) 1. FD2002-0178 Specification 2: Did, at Grand Forks Air Force Base, North Dakota, on or about 3 Dec 92, steal lawful currency, of a value of $750.00, the property of the Civilian Distinguished...

  • AF | BCMR | CY1998 | 9800166

    Original file (9800166.pdf) Auto-classification: Denied

    The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). We defer to AFPC/DPPPWB’s advisory which indicates applicant never completed the minimum requirements for promotion to Senior Airman, and therefore, his application should be denied. The applicant is requesting his grade at the time of discharge from the Air Force be changed to reflect senior airman (SRA) (E-4) and not airman first...

  • AF | BCMR | CY2003 | BC-2003-00874

    Original file (BC-2003-00874.doc) Auto-classification: Approved

    It appears that prior to any legal action being taken by civilian authorities, the applicant was advised by his section commander that if he received a suspended sentence for the civilian offense of grand larceny for allegedly stripping an automobile, the Air Force would not impose any further punishment. It appears that he has had a clean record since that time. Exhibit E. Letter, SAF/MRBR, dated 2 May 03.

  • AF | BCMR | CY2007 | BC-2007-02192

    Original file (BC-2007-02192.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02192 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: Jan 14, 2009 _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions discharge be upgraded to under honorable conditions (general discharge). On 24 Jul 73, the applicant requested a board hearing. Exhibit C. FBI...

  • AF | BCMR | CY2007 | BC-2007-02044

    Original file (BC-2007-02044.DOC) Auto-classification: Approved

    ________________________________________________________________ APPLICANT CONTENDS THAT: He was only 17 when he entered the military, and he was not convicted in any military court. _______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 17 December 1953, he was discharged with service characterized as general (under honorable conditions). ...

  • AF | BCMR | CY2004 | BC-2003-01012

    Original file (BC-2003-01012.doc) Auto-classification: Approved

    _________________________________________________________________ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 27 December 1948 in the grade of private for a period of three years. A letter from applicant’s commanding officer dated 5 December 1949, requests he be discharged prior to expiration term of service (ETS) - reason - convicted by Civil Court on charge of burglary and larceny. Insufficient relevant evidence has been presented to demonstrate the existence of...

  • AF | BCMR | CY1998 | 9801680

    Original file (9801680.pdf) Auto-classification: Approved

    DEPARTMENT OF THE AIR FORCE WASHINGTON, DC Office of the Assistant Secretary AFBCMR 98-01680 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT : Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Applicant states he didn't realize that his discharge was as bad...

  • AF | BCMR | CY1999 | 9802212

    Original file (9802212.pdf) Auto-classification: Denied

    The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C) . 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. Available Master Personnel Records C. Advisory Opinion D. SAF/MIBR L t r Forwarding Advisory Opinion D E P A R T M E N T O F T H E A I R F O R C E HEADQUARTERS...

  • AF | BCMR | CY2003 | BC-2002-00345

    Original file (BC-2002-00345.doc) Auto-classification: Denied

    The undated request for discharge in lieu of trial by court-martial indicates that the commander recommended the request be approved for the following reasons: The applicant had no rehabilitative potential for further utilization in the Air Force because he engaged in larcenous conduct after he had previously been convicted of burglary and larceny in 1980. On 4 August 1983, after consulting with counsel the applicant requested to be discharged from the Air Force in lieu of trial by...

  • AF | BCMR | CY2000 | 0000936

    Original file (0000936.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-00936 INDEX NUMBER:106.00 COUNSEL: NONE HEARING DESIRED: YES ___________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to honorable. Other facts surrounding his discharge from the Air Force are unknown inasmuch as the complete discharge correspondence is not available. Applicant submitted a brief summary of his...