AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORC OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 98-01440
COUNSEL: NONE
HEARING DESIRED: NO
Applicant requests his 8 May 1956 undesirable discharge be ubgraded
tc honorable. Applicant's submisslon is at Exhibit A.
Applicant's military personnel records were destroyed by fire in
1973. Therefore, the facts sEx--ounding his separation from the Air
Force cannot be verified. In atcernpting to reconstruct the record,
a 4 May 1956 order directing applicant's undesirable discharge was
the only document located (Exhibit B ) .
After careful consideratioz of applicant's request, we found
insufficient relevant evidence hzs been presented to demonstrate
the existence of probable e r r c r 3r injustice.
Based upon the
presumption of regularity ir? t h e conduct of governmental affairs
and without evidence to the ccntrary, we must assume that the
applicant's discharge was propel- and in compliance with appropriate
directives. Therefore, we fine r3 basis upon which to favorably
consider this application.
-
,
Accordingly, applicant's request :s denied.
The Board staff is directed C G :r,form applicant of this decision.
Applicant should also be infc:-me5 :hat this decision is final and
presentation of new relevant
W:L-
evidence which was not reasonably available at the time t h e
application was filed.
only be reconsidered upzin :he
7 -
Members of the Eoard, Messi-s . Ti::chael
F . Higgins, 'viJ11-1art-1 E .
Edwards, and P a t n c k R. Wheele:, zonsidered this applicatlon CT:
i December 1998 in accordance vi:::--
the provisions of Alr Force
Instruction 365-2603 arid the g s v + = ; - r L : l g statute, 10 U . S . C . 1552.
Exhibits:
A. Applicant's DD Form 145
B. Special Order dtd 4 May 56
In support, applicant provides, ir- part, a reaccomplished E P K , his similar appeals submitted under AFI 36- 2401, and statements from the contested report s indorser and commander. After a thorough review of the evidence of record and applicant's submission, we are not persuaded that the contested EPR should be replaced or that his RE code should be changed. Neither the applicant nor the evaluators have submitted persuasive evidence specifically demonstrating why the contested report is...
AF | BCMR | CY2003 | BC-2002-04056
On 26 November 1956, the discharge authority approved the discharge and ordered an undesirable discharge effective 5 December 1956. The DPPRS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluation and the FBI report were forwarded to the applicant on 7 March 2003 and 3 April 2003 for review and comment (Exhibits D and F). In our opinion, the cited statements are not of a...
Therefore, the available documentation will be used this Record of Proceedings. The advisory opinion was forwarded to the applicant fclr review and response (Exhibit D I . Accordingly, applicant's request IS denied.
On 21 November 1955, applicant’s commander recommended he be discharged from the Air Force. They state that the lost time is properly recorded in his military records and on his DD Form 214 which reflected only three years, eight months, and six days of creditable service at the time of his discharge. Applicant, in response to the Board’s request, provided post-service documentation which is attached at Exhibit H. _________________________________________________________________ THE BOARD...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-02024 INDEX CODE: A79.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to an honorable discharge. Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, provided an investigative report which is attached at Exhibit C. The remaining...
c. Applicant signed an Enlistment Agreement (AF Form 3006) =on I1 Sep 95, which clearly stated: “My enlistment in the Regular Air Force is for 4 years of active duty. 104-106, g602(cKdX1), :torily: Reserve enlisted :e not as a result of the i the Air Force described in tion 8914 of this title shall ade in which the member in the case of a member of ber served on full-time Na- ermined by the Secretary of : enlisted member who- 1520 i 1521 CH. Higher grade after 30 years of service: warrant...
AF | BCMR | CY2006 | BC-2005-03647
On 19 September 1957, his commander requested the applicant appear before a board of officers to determine whether he would be discharged for unfitness. DPPRS states the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation in effect at that time and, was within the discretion of the discharge authority. Exhibit B.
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 discharge authority approved the recommendation for discharge on 27 Oct 72 and directed that the applicant be fbrnished an undesirable discharge certificate without probation and rehabilitation. The records indicate member’s military service was reviewed and appropriate action was taken.
However, a WD AGO Form 24A (Service Record) has recorded a Summary Court Martial Order Number 19 for conviction for being AWOL for the period 17 Jan 50 to about 27 Jan 50 which resulted in a sentence to confinement at hard labor and forfeiture of$50.00 pay. He has not filed a timely request. Applicant alleges that he was never convicted of a criminal offense, and that the 103 days of lost time on his DD Form 2 14 are incorrect.
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...