RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02705
INDEX CODE: 110.00
COUNSEL: DAV
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge be upgraded to an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His wife was leaving him and he was under emotional duress. He believes he
was to be made an example of because he was an Air Policeman.
In support of his request, he submits character references, and other
documentation.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 14 December 1955, in the
grade of airman basic for a period of four years.
On 12 April 1957, applicant was convicted by a special court martial for
exposing in an indecent manner, his penis and while posted as a sentinel
loitered on his post. He was sentenced to a bad conduct discharge,
forfeiture of $60 pay per month for six months and confinement at hard
labor for six months.
On 16 October 1957, applicant was discharged in the grade of airman basic,
under the provisions of AFR 39-18 (Court Conviction), and received a bad
conduct discharge. He served 2 years 11 months and 10 days total active
duty, with 153 days lost time.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., was unable to identify with arrest record on basis of
information furnished Exhibit E.
_________________________________________________________________
AIR FORCE EVALUATION:
The Director of Personnel Program Management, HQ AFPC/DPPRS, reviewed the
application and states that applicant did not submit any new evidence or
identify any errors in the Court Martial proceedings or the discharge
processing that caused him an injustice. Therefore, they recommend denial
of applicant’s request.
A complete of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant and
counsel on 23 November 1998, for review and response within 30 days. As of
this date, no response has been received by this office.
_________________________________________________________________
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. 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.
4. We also 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 9 March 1999, under the provisions of AFI 36-2603:
Mr. Terry A. Yonkers, Panel Chair
Ms. Rita J. Maldonado, Member
Mr. Clarence D. Long III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 10 November 1998.
Exhibit D. Letter, SAF/MIBR, dated 23 November 1998.
Exhibit E. FBI Report.
TERRY A. YONKERS
Panel Chair
On 16 October 1957, applicant was discharged in the grade of airman basic, under the provisions of AFR 39-18 (Court Conviction), and received a bad conduct discharge. We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. We also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency.
Applicant's request for upgrade of his discharge to honorable was denied by the Air Force Discharge Review Board (AFDRB) on 17 September 1973. We reviewed the evidence provided by the applicant in the form of character references and find it insufficient to warrant a recommendation that the discharge be upgraded on the basis of clemency. Exhibit C. AFDRB Hearing Record, dated 17 Sep 93.
_________________________________________________________________ AIR FORCE EVALUATION: The Directorate of Personnel Program Management, HQ AFPC/DPPRS, reviewed this application and states that there are no errors or irregularities causing an injustice to the applicant. Exhibit D. Letter, SAF/MIBR, dated 15 February 1999. VAUGHN E. SCHLUNZ Panel Chair AFBCMR 98-03348 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of...
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. 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...
Applicant’s grade at time of discharge was airman (Amn/E-2). The pertinent facts surrounding his discharge are contained in the Air Discharge Review Board (AFDRB) Hearing Record at Exhibit C. ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS reviewed this application and addressed the reason for the discharge. Exhibit C. AFDRB Hearing Record, dated 12 Nov 98.
For this offense he was court-martialed and sentenced to 30 day's confinement. He served 1 year 11 months and 20 days total active duty with 198 days lost time. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 26 May 1999, under the provisions of AFI 36-2603: Mr. Thomas S. Markiewicz, Panel Chair Mr. Charles E. Bennett, Member Mr. Jackson A. Hauslein, Member The following documentary...
Applicant’s grade at the time of discharge was airman basic (A/B). Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The Separations Branch, HQ AFPC/DPPRS, reviewed the application and states the applicant was court-martialed for being AWOL and was sentenced to 3 months at hard labor and...
f. Vacation of nonjudicial punishment, dated 9 Jul 81, for failure to go to guardmount at the time prescribed. The complete report is at Exhibit F. _______________________________________________________________ APPLICANT”S RESPONSE TO FBI REPORT: A copy of the FBI report was forwarded to the applicant on 23 Oct 01 for review and comment within 30 days. Exhibit D. Letter, SAF/MIBR, dated 14 Sep 01.
AF | BCMR | CY1999 | BC-1989-02125
The applicant requested an administrative discharge board. After consulting with military counsel, on 12 July 1973, the applicant requested discharge for the good of the service under the provisions of AFM 39-12. The records indicate the applicant’s military service was reviewed and appropriate action was taken.
The applicant requested an administrative discharge board. After consulting with military counsel, on 12 July 1973, the applicant requested discharge for the good of the service under the provisions of AFM 39-12. The records indicate the applicant’s military service was reviewed and appropriate action was taken.