AFBCMR 00-00015
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
SUBJECT: xxxxxxxxxxxxxxxx SSAN: xxxxxxxxxxx
Having carefully reviewed this application, we agree with the
recommendation of the Air Force 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. Therefore, under the authority delegated in AFI 36-
2603, the applicant's records will be corrected as set forth in the
accompanying Memorandum for the Chief of Staff signed by the Executive
Director of the Board or his designee.
Panel Chair
Attachment:
Ltr, AFPC/DPPRS, dtd 17 February 2000
17 February 2000
MEMORANDUM FOR AFBCMR
FROM: HQ AFPC/DPPRS
550 C Street West Ste 11
Randolph AFB TX 78150-4713
SUBJECT: Application for Correction of Military Records -
The applicant, while serving in the grade of airman basic, was
discharged from the Air Force on 22 Apr 58 as a result of court-martial
conviction and received an under other than honorable conditions discharge.
He had served 1 year, 7 months, and 27 days total active service.
Requested Action. He is requesting an upgrade of his discharge to
under honorable conditions (general). He indicates that since his
discharge, he has been working as a heavy
equipment mechanic and for the past 40 years been married to the same
woman. He indicates he has matured emotionally from his youngster mistakes.
He has provided Letters of Recommendation from his employer and others in
support of his appeal for a discharge upgrade.
Recommendation. The record indicates the applicant was tried by a
special court-martial for leaving his organization in Canada on 29 Oct 57
without proper authority and utilizing a station wagon owned by the United
States and assigned to the commander. On 30 Oct 57, while being apprehended
by an air policeman, he assaulted that member. He was tried and convicted
for these offenses and received a sentence to be discharged with a bad
conduct discharge, confined at hard labor for 6 months, to forfeit $50 per
month for 6 months, and reduction to airman basic. Applicant stated that he
went absent without leave because he did not like the place where he was
stationed and that he wanted to get back to his home in Puerto Rico. Since
the discharge occurred over 41 years ago and he had an excellent record
until his misconduct, plus considering the nature of the misconduct he
committed at the age of 19, we recommend clemency. If a check of the
Federal Bureau of Investigation files proves negative, we recommend an
upgrade of his discharge to under honorable conditions (general). He has
not filed a timely request.
Military Personnel Mgmt Spec
Separations Branch
cc:
SAF/MIBR
AFBCMR 00-00015
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States Code,
Air Force Instruction 36-2603, and having assured compliance with the
provisions of the above regulation, the decision of the Air Force Board for
Correction of Military Records is announced, and it is directed that:
The pertinent military records of the Department of the Air Force
relating to XXXXXXXXXXXXXXXX, XXXXXXXXXXX, be corrected to show that on 22
April 1958, he was discharge with service characterized as general (under
honorable conditions).
DONNA PITTENGER
Chief Examiner
Air Force Board for
Correction of Military Records
AF | BCMR | CY2004 | BC-2003-01143
He further acknowledged he understood he could receive a discharge under conditions other than honorable and receive an undesirable discharge that could deprive him of any rights to receive veterans’ benefits in the future. On 30 August 1957, the base and wing commanders recommended approval of the applicant’s discharge with an undesirable discharge. The discharge authority approved the discharge on 9 September 1957 and ordered an Under Other Than Honorable Conditions...
However, considering the discharge occurred over 40 years ago and considering his previous four years of honorable service and the offense that caused his BCD, DPPRS recommends clemency. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request. Exhibit E. Letter, AFPC/DPPRS, dated 8 Mar 00.
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DPPRS states based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation, and was within the discretion of the discharge authority. _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied. LAURENCE M. GRONER Panel...
AF | BCMR | CY2006 | BC-2006-02356
DPPRS states based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation, and was within the discretion of the discharge authority. _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied. LAURENCE M. GRONER Panel...
AF | BCMR | CY2002 | BC-2002-01029
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01029 INDEX CODE: A50.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His other than honorable conditions (undesirable) discharge be upgraded to general. The evidence of record reflects that the applicant was discharged for unfitness. Exhibit F. Letter, applicant, dated 13 Jul 02, w/atchs.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-00005 INDEX CODE: 110.00 xxxxxxxxxxxxxx COUNSEL: NONE xxxxxxxxxxxx HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge. We considered applicant’s request for an honorable discharge; however, based on his overall record we do not...
The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force. Although there is no indication in the evidence provided that the applicant’s service characterization was erroneous or unjust at the time he was separated, it is our opinion that the evidence provided is sufficient to warrant the approval of the requested relief based on clemency. We therefore recommend that...
AF | BCMR | CY2003 | BC-2002-02855
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02855 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general (under honorable conditions). On 10 Sep 57, the discharge authority approved the Discharge for Unfitness. Having found insufficient evidence of an error or injustice with regard to the...
AF | BCMR | CY2003 | BC-2003-00048
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00048 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air...
AF | BCMR | CY2002 | BC-2002-03696
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-03696 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to an honorable discharge. The evaluation officer indicated that the applicant’s service did not appear to warrant an honorable discharge. He had completed a total of 6...