AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 98-01182
-
COUNSEL: NONE
HEARING DESIRED: NO
-
Dy
lbY6
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge be upgraded
to honorable.
APPLICANT CONTENDS THAT:
He has deep regard for his youthful conduct that resulted in his
discharge. The result was tragic and has embarrassed ,him his
entire life. Since discharged he states he has become a licensed
nurse, pro-musician, pro-photographer, and therapist. He states
that his civilian conduct has been upstanding and righteous.
In support of applicant's appeal, he submits character
references, and other documentation.
Applicant's complete submission is at Exhibit A.
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 25 January 1960,
in the grade of airman basic, for a period of four years.
In June and July 1960 applicant was absent without leave (AWOL)
for a period of 19 days. He was convicted by court-martial, and
confined for 25 days.
In November 1960, applicant was convicted by civil authorities
for breaking, entering & larceny.
He was sentenced to
confinement f o r 48 days.
On 16 February 1961, applicant was notified of his commander's
intent to impose nonjudicial punishment upon him for conviction
by civil authorities f o r misconduct.
r
J
8
98-01182
On 16 February 1961, applicant declined counsel, applicant waived
his right to a trial by court-martial, did not request a personal
appearance and did not submit a written presentation.
On 30 March 196.1, applicant was discharged in the grade Qf airman
basic, under the provisions of AFR 39-22 (Civil Court
Conviction), and received an under other than honorable
He served 11 months and 4 days total
conditions discharge.
active duty, with 92 days lost time.
request, the Federal Bureau of
Pursuant to the Board's
Investigation, Washington, D.C., was unable to identify with
arrest record on basis of information furnished Exhibit F.
AIR FORCE EVALUATION:
The Separations Branch, Directorate of Personnel Program
Management, HQ AFPC/DPPRS, reviewed this application and states
that 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 full administrative
due process. Applicant did not submit evidence or identify any
errors in the discharge process or provide facts which warrant an
upgrade of the discharge he received. Therefore, they recommend
denial of applicant's request.
A complete copy of the Air Force evaluation is attached at
Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and states that he had a
behavioral problem that resulted in him being sent for a
psychiatric evaluation. The officer that evaluated him concluded
that he had a mental health problem and recommended he be
discharged as unfit for military duty receiving a general
discharge with honorable conditions.
He states his problems He
continued until he was given an undesirable discharge.
believes that if he had been further tested, it would have
revealed his manic behavior and he could have received help and
could have extended his career with the Air Force.
Applicant's complete response, with attachments, is attached at
Exhibit E.
2
THE BOARD CONCLUDES THAT:
1.
law or regulations.
98-01182
The applicant has exhausted all remedies provided by existing
-
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. We find no impropriety in the characterization of applicant's
discharge.
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 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.
-
also
4. We
find insufficient evidence to warrant a
recommendation that the discharge be upgraded on the basis of
clemency.
We have considered applicant's overall quality of
service, the events which precipitated the discharge, and
available evidence related to post-service activities and
accomplishments. On balance, we do not believe that clemency is
warranted.
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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 this application in
Executive Session on 29 October 1998, under the provisions of A F I
36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Loren S. Perlstein, Member
Mr. Terry A. Yonkers, Member
The following documentary evidence was considered:
Exhibit A.
Exhibit B.
DD Form 1 4 9 , dated 25 April 1998, w/atchs.
Applicant's Master Personnel Records.
3
k
98- 01182
E x h i b i t C .
E x h i b i t D .
E x h i b i t E . A p p l i c a n t ' s Response, d a t e d 3 J u l y 1 9 9 8 .
E x h i b i t F.
L e t t e r , HQ AFPC/DPPRS, dated 29 May 1 9 9 8 .
L e t t e r , SAF/MIBR, dated 15 J u n e 1998.
FBI Report.
P a n e l C h a i r
4
A complete copy of the Air Force evaluation is attached at Exhibit C. The Separations Branch, Directorate of Personnel Program Management, AFPC/DPPRS, reviewed this application and states that they concur with the AFBCMR Medical Consultant's recommendation that the applicant's reason for separation should be changed to "Secretarial Authority" with a SPD of "KFF." The Board notes that the AFBCMR Medical Consultant recommends changing the narrative reason for separation on the DD Form 214...
The appropriate Air Force offices evaluated applicant’s request and provided advisory opinions to the Board recommending the ‘“application be denied (Exhibit C) . Requested Action. The commander advised applicant that if his recommendation is approved, that his discharge would be described as entry level separation and that he would be ineligible for reenlistment in the Air Force.
The appropriate Air Force office evaluated applicant's request that his records be corrected to reflect award of the Armed Forces Expeditionary Medal and provided an advisory opinion to the Board recommending the application be denied (Exhibit D). After careful consideration of applicant's request that his records be corrected to reflect award of the Armed Forces Expeditionary Medal, and the available evidence of record, we find insufficient evidence of error or injustice to...
* AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE MATTER OF: DOCKET NUMBER: 98-01319 COUNSEL: None HEARING DESIRED: NO APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code and separation program designator (SPD) code be changed so that he may reenter the Air Force. After 7 years of service, he was honorably discharged from the Army Guard on 14 November 1 9 9 7 with a r l l l l RE code. A copy of the complete Air Force evaluation is at Exhibit...
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE MATTER OF: DOCKET NUMBER: 98-01796- COUNSEL: NONE HEARING DESIRED: NO MQ 2 7 s988 APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. 98-01796 APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant has provided post-service documentation which is attached at Exhibit E. THE BOARD CONCLUDES THAT: 1. 19 M a r & 1979, American Red Cmss reprsemtive,his authorized...
I 4 By letters dated 7 August 1997, 26 October 1997, 9 December 1997, and 16 February 1998, applicant requested reconsideration of his He provided copies of documentation submitted with his appeal. 3 AFBCMR 91-01962 JAJM recommended that the Board deny the applicant's request: (1) on the basis that it is untimely; (2) on the merits; and ( 3 ) because it does not meet the criteria for reconsideration. Applicant contends that his SF Form 88, Report of Medical Examination, dated 16 August...
AIR FORCE EVALUATION: - The AFBCMR Chief Medical Consultant reviewed this application and is of the opinion that no change In the records is warranted and the application should be d e n i m . *at Based on the medical evidence provided, the IPEB found her condition nad stabilized and recommended thar she be removed from the TDRL and permanently retired w i t h a 40% disability rating. Exhibit C. Letter, AFBCMR Medical Consultant, dated Exhibit D .
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...
It now appears that his circumstances have changed and he wishes to remain on active duty or join the Reserves. I/ Air Force Review Boards Agency DEPA~TMENT OF THE AIR FORCE WASHINGTON, DC Office of the Assistant Secretary MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS FROM: SAF/MIB SUBJECT: AFBCMR case 0 AFBCMR Docket No. Since the only reason the Board recommended, and I approved, any relief for this applicant in the first place was to alleviate...
He received an approved Career Job Reservation (CJR) in Air Force Specialty Code (AFSC) 3EOX2, with no Selective Reenlistment Bonus (SRB); and, he was honorably discharged effective 16 November 1997 and, on 1 7 November 1997, he reenlisted in the Regular Air Force for a period of 4 years. Ltr, AFPC/DPPRS, dtd Jul 2 1 , 1998 D E P A R T M E N T O F 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 R A N D O L P H AIR FORCE E A S E TEXAS 2 2 JUN 1998 MEMORANDUM...