RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02822
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was found guilty by summary court martial and special court martial for
being absent without leave (AWOL).
He was three days late reporting back from a weekend visit home. For this
offense he was court-martialed and sentenced to 30 day's confinement.
Due to family hardships involving his mother he was AWOL for six days. He
was court-martialed and received six months confinement.
While in confinement, he was asked if he wanted to be discharged. If so,
he had to immediately sign the paperwork. It was also suggested that he
would be released in a short period of time. He signed the paperwork
without reading or understanding the mistake he was making. His only
thought was he was going to receive an early release from confinement. He
was not released early, he served his full sentence. After several days at
home he read his paperwork and found that he received an UOTHC. He was
hurt and ashamed. He has kept this part of his life a secret from his
family for 40 years.
He states that he is married with three children and four grandchildren.
He recently celebrated his 40th wedding anniversary. He has been a good
citizen and loves his country. He has this one bad mark in his life and he
knows that a member of his family may someday see it and he would like to
change it.
Please consider the date he signed his discharge paperwork and the date of
confinement. He states he was a young man, not very smart, in confinement
and asked to make a quick decision without counsel.
In support of his request, he submits a personal statement.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 31 May 1955 in the grade of
airman basic for a period of four (4) years.
On 14 November 1957, applicant’s commander recommended that the applicant
be discharged from the service by reason of unfitness. The commander’s
reason for this action was applicant had received repeated counseling in an
effort to correct his attitude and performance. Despite varied counseling
and supervisory approaches his performance had been unsatisfactory. He
refused to begin the on-the-job training (OJT) program for upgrading and
had made no effort at all to improve his value as an airman. Applicant had
repeatedly been late to work with no valid excuse. Although he had been
court-martialed twice for being AWOL, he showed every indication of
persisting in being AWOL. Applicant had indicated his desire to be
discharged and even while in confinement attempted to be discharge as being
a homosexual. Because of lack of evidence and the manner in which the
request was made, his request was rejected. (Exhibit B).
On 1 March 1957 he was tried and convicted by summary court-martial for
being AWOL from 11 February through 17 February 1957. He was sentenced to
forfeit $30 and confinement at hard labor for 30 days.
On 11 April 1957, he was tried and convicted by special court-martial for
being AWOL from 18 March through 27 March 1957. He was sentenced to
forfeit $55 per month for a like period and confinement at hard labor for
six months.
On 14 November 1957, applicant voluntarily submitted a request to be
discharge and indicated in his application that his entitlement to a board
hearing and he elected to waive that right. Applicant also indicated in
his application that he understood that if his application was approved his
discharge could be an undesirable discharge. He further indicated that
legal counsel had been made available to him.
On 26 November 1957, the discharge authority approved the recommendation
for discharge for unfitness and directed the applicant be issued an
undesirable discharge.
On 4 December 1957, he was discharged in the grade of airman basic, under
the provisions of AFR 39-17 (Unfitness), and received an under other than
honorable (UOTHC) discharge. He served 1 year 11 months and 20 days total
active duty with 198 days lost time.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report that is attached at
Exhibit F.
_________________________________________________________________
AIR FORCE EVALUATION:
The Director of Personnel Program Management, HQ AFPC/DPPRS, reviewed the
application and states that 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. The records indicate member’s
military service was reviewed and appropriate action was taken. Applicant
did not submit evidence or identify any errors in the discharge process.
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:
Upon the Board’s request, applicant has provided post-service
documentation, that is attached at Exhibit E.
_________________________________________________________________
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 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 evidence was considered:
Exhibit A. DD Form 149, dated 3 Oct 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 16 Nov 98.
Exhibit D. Letter, SAF/MIBR, dated 30 Nov 98.
Exhibit E. Letter, Applicant, dated 17 Feb 99, w/atchs.
THOMAS S. MARKIEWICZ
Panel Chair
AF | BCMR | CY2003 | BC-2003-02832
The Discharge Authority approved his request for discharge and ordered an undesirable discharge on 9 April 1957. Based on the foregoing clemency considerations, we believe that his discharge should be upgraded to “under honorable conditions.” _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 29 April 1957, he was discharged with...
AF | BCMR | CY2004 | BC-2004-02357
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02357 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions discharge be upgraded. He received 14 days’ restriction. After careful consideration of the applicant’s request and the available evidence of record, we see no evidence that would warrant...
AF | BCMR | CY2005 | BC-2005-00289
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00289 INDEX CODE: 110.02 XXXXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 JULY 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general (under honorable conditions). DPPRS states that based upon the documentation in the file, the discharge was...
Applicant’s complete response is attached at Exhibit F. On 17 Aug 01, a copy of the FBI report and a request to provide additional evidence pertaining to his post-service activities was sent to the applicant (Exhibit G). On 23 Aug 01, applicant provided a statement explaining his activities since leaving the service. Based on a review of the limited post- service evidence provided and in view of the contents of the FBI Identification Record, we are not persuaded that an upgrade of...
AF | BCMR | CY2005 | BC-2005-01109
For this incident, he was tried and convicted by a summary court-martial and sentenced to be confined to hard labor for 26 days, and to forfeit $50.00. On 28 December 1979, the applicant submitted an application to the Air Force Discharge Review Board (AFRDB) requesting his undesirable discharge be upgraded to honorable. Additionally, the applicant did not submit any evidence, identify any errors or injustices that occurred in the discharge processing, or provide any facts warranting a...
AF | BCMR | CY2004 | bc-2003-03881
Under our broader mandate and after careful consideration of all the facts and circumstances of applicant's case, the Board is persuaded that he has been a productive member of society since leaving the service. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 16 July 1957, he was discharged with service characterized as general...
AF | BCMR | CY2003 | BC-2002-02318
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-02318 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to an honorable discharge, or in the alternative, a general (under honorable conditions) discharge. The AFPC/DPPRS evaluation is at Exhibit...
THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 16 Dec 66, he was discharged with service characterized as general (under honorable conditions). Exhibit C. FBI Report, dated 16 Dec 99. THOMAS S. MARKIEWICZ Panel Chair AFBCMR 99-01778 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under...
AF | BCMR | CY2003 | BC-2002-03596
On 23 June 1957, he was honorably discharged and on 24 June 1957, reenlisted in the RegAF for a period of four years. In an application, dated 13 August 1972, he requested his discharge be upgraded to one under honorable conditions. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that at the time of his discharge on 13 August 1959, he was...
AF | BCMR | CY2003 | BC-2003-00148
On 18 October 1957, the discharge authority approved the recommended separation and directed that the applicant be discharged with an undesirable discharge. He had served 2 years and 24 days on active duty. Additionally, the discharge was within the discretion of the discharge authority.