Search Decisions

Decision Text

AF | BCMR | CY1999 | 9802185
Original file (9802185.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02185
            INDEX NUMBER:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

Applicant requests that his 25 August 1958  undesirable  discharge  be
upgraded to under honorable conditions.  Applicant's submission is  at
Exhibit A.

Pursuant to the Board’s request  of  10  December  1998,  the  Federal
Bureau of Investigation, Clarksburg, West Virginia, provided a copy of
an investigation report, which is attached at Exhibit C.

The appropriate Air Force office  evaluated  applicant's  request  and
provided an advisory opinion to the Board recommending the application
be denied (Exhibit D)  The  advisory  opinion  was  forwarded  to  the
applicant for review and response (Exhibit E).  On 14  December  1998,
applicant requested an extension to respond to  the  advisory  opinion
(Exhibit F).  On 11 January 1999, the applicant was granted  a  90-day
extension to respond and was also provided a copy of  the  Information
Bulletin - Upgrade of Discharge - Clemency (Exhibit G).   As  of  this
date, no further 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 Messrs. Henry  Romo  Jr.,  Steven  A.  Shaw,  and
Timothy A. Beyland considered this application on  22  April  1999  in
accordance with the provisions of Air Force  Instruction  36-2603  and
the governing statute, 10 U.S.C. 1552.




                                    HENRY ROMO JR.
                                    Panel Chair

Exhibits:
A.  Applicant's DD Form 149
B.  Available Master Personnel Records
c.  FBI Report
D.  Advisory Opinion
E.  SAF/MIBR Ltr Forwarding Advisory Opinion
F.  Letter fr Applicant
G.  AFBCMR Letter to Applicant, w/atch

Similar Decisions

  • AF | BCMR | CY2001 | 0003379

    Original file (0003379.doc) Auto-classification: Denied

    The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be granted on the basis of clemency, if a check of his Federal Bureau of Investigation, (FBI) record proves negative (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). Applicant should also be informed that this decision is final and will only be reconsidered upon the presentation of new relevant...

  • AF | BCMR | CY1999 | 9802720

    Original file (9802720.doc) Auto-classification: Approved

    Based on the findings of the Air Force Discharge Review Board (AFDRB) and the applicant’s apparent strong desire to serve his country the Board believed the applicant should be afforded the opportunity to apply for a waiver to enlist in the armed services. A complete copy of the Record of Proceedings is attached at Exhibit H. On 15 May 1999, applicant submitted his statements, Letter, 2BW/JA, dated 30 August 1995, letters of appreciation and recognition, and copies of his records, and his...

  • AF | BCMR | CY1998 | 9802720

    Original file (9802720.doc) Auto-classification: Approved

    Based on the findings of the Air Force Discharge Review Board (AFDRB) and the applicant’s apparent strong desire to serve his country the Board believed the applicant should be afforded the opportunity to apply for a waiver to enlist in the armed services. A complete copy of the Record of Proceedings is attached at Exhibit H. On 15 May 1999, applicant submitted his statements, Letter, 2BW/JA, dated 30 August 1995, letters of appreciation and recognition, and copies of his records, and his...

  • AF | BCMR | CY1999 | 9803436

    Original file (9803436.doc) 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). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). 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.

  • AF | BCMR | CY1999 | 9803171

    Original file (9803171.doc) 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). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). 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.

  • AF | BCMR | CY1999 | 9803066

    Original file (9803066.doc) Auto-classification: Denied

    The Air Force Discharge Review Board (AFDRB) denied applicant's request on 6 October 1998. The AFDRB brief was forwarded to the applicant for review and response (Exhibit D). 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.

  • AF | BCMR | CY1999 | 98-00567

    Original file (98-00567.DOC) Auto-classification: Approved

    His name had been removed from the CY94A promotion list by direction of the Secretary of the Air Force (SAF) on 6 July 1996 for dereliction of duties in his attention to a sexual harassment complaint, inappropriate handling of the sexual harassment complaint, and failure to promptly correct the victim’s record to properly reflect her reasons for resigning from the Enlisted Club. Applicant was advised by letter dated 10 February 1995 that the commander of the Air Force , Air Education and...

  • AF | BCMR | CY1999 | 9800567

    Original file (9800567.doc) Auto-classification: Approved

    His name had been removed from the CY94A promotion list by direction of the Secretary of the Air Force (SAF) on 6 July 1996 for dereliction of duties in his attention to a sexual harassment complaint, inappropriate handling of the sexual harassment complaint, and failure to promptly correct the victim’s record to properly reflect her reasons for resigning from the Tyndall AFB Enlisted Club. Applicant was advised by letter dated 10 February 1995 that the commander of the 19th Air Force...

  • AF | BCMR | CY1999 | BC-1998-00567

    Original file (BC-1998-00567.doc) Auto-classification: Approved

    His name had been removed from the CY94A promotion list by direction of the Secretary of the Air Force (SAF) on 6 July 1996 for dereliction of duties in his attention to a sexual harassment complaint, inappropriate handling of the sexual harassment complaint, and failure to promptly correct the victim’s record to properly reflect her reasons for resigning from the Tyndall AFB Enlisted Club. Applicant was advised by letter dated 10 February 1995 that the commander of the 19th Air Force...

  • AF | BCMR | CY1998 | 9800883

    Original file (9800883.pdf) Auto-classification: Denied

    The appropriate Air Force off ice evaluated applicant I 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). .” Another states “I know that I can reenlist rather than extend, but I have elected to execute this extension instead of reenlisting.” Both of these statements clearly indicate the applicant was aware of the reenlistment options.