RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-00637
INDEX NUMBER: 106.00, 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His car broke down.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 20 October 1955, the applicant enlisted in the Regular Air Force in
the grade of basic airman. Prior to the events cited below, he was
promoted to the grade of airman second class (A2C).
On 27 April 1956, applicant’s commander imposed Article 15 punishment,
in that: on or about 19 April 1956, without proper authority,
applicant failed to go at the time prescribed, to his appointed place
of duty, to wit: to school. Applicant acknowledged receipt of Article
15 on 27 April 1956; he was reduced to the grade of airman basic.
On 03 August 1956, the applicant was convicted by a general court-
martial for being absent without leave (AWOL) from on or about 15
May 1956 to 02 June 1956, and for larceny on or about 05 May 1956. He
was sentenced to confinement at hard labor (CHL) for six months and
forfeiture of $25.00 a month, for six months.
On 03 March 1958, the applicant was convicted by a special court-
martial for being AWOL on or about 27 December 1957 to 01 February
1958. He was sentenced to a bad conduct discharge, forfeiture of
$39.20 per month for three months and CHL for three months. The
sentence was adjudged on 12 March 1958.
On 18 June 1958, the applicant was discharged with a BCD. Applicant’s
grade at the time of discharge was airman basic (A/B). He was
credited with 1 year, 9 months, and 1 day of active service (excludes
330 days lost time).
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 forfeiture of $39.00 per month
for 3 months. He had one previous conviction for being AWOL [and
larceny]. He also states that the applicant did not identify any
specific errors in the discharge processing. However, considering the
discharge occurred 42 years ago and considering the reason for the
discharge action, they recommend clemency. If a check of the FBI
files proves negative, they recommend the discharge be upgraded to
under honorable conditions (general).
A complete copy of the evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 12 May 2000, a copy of the Air Force Evaluation was forwarded to
the applicant for review and response within 30 days (Exhibit E).
On 07 August 2000, a copy of the FBI report was forwarded to the
applicant for comment. At that time, the applicant was also invited
to provide additional evidence pertaining to his activities since
leaving the service. As of this date, no response has been received
by this office (Exhibit F).
_________________________________________________________________
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. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After reviewing the
circumstances surrounding applicant’s separation, we are not persuaded
that the type of discharge he received was either in error or unjust.
We note that the Air Force recommended, provided his FBI report was
negative, that his discharge be upgraded to under honorable conditions
(general) based on clemency. The applicant was provided a copy of the
FBI report and also informed that he had failed to provide information
pertaining to his activities since leaving the service. Applicant did
not respond to the request for information on his activities nor
comment on the FBI report. Therefore, in the absence of information
pertaining to his post-service activities, we find no basis upon which
to recommend an upgrade of his discharge.
________________________________________________________________
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 05 October 2000, under the provisions of AFI 36-
2603:
Mr. Gregory H. Petkoff, Panel Chair
Mr. Steven A. Shaw, Member
Mr. George Franklin, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Mar 00.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation
Exhibit D. Letter, HQ AFPC/DPPRS, dated 14 Apr 00.
Exhibit E. Letter, AFBCMR, dated 12 May 00
Exhibit F. Letter, AFBCMR, dated 07 Aug 00.
GREGORY H. PETKOFF
Panel Chair
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-00936 INDEX NUMBER:106.00 COUNSEL: NONE HEARING DESIRED: YES ___________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to honorable. Other facts surrounding his discharge from the Air Force are unknown inasmuch as the complete discharge correspondence is not available. Applicant submitted a brief summary of his...
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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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 03-01937 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to honorable. Applicant’s application is at Exhibit A. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the...
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 because he pled guilty in a civil court and was sentenced to one-year civil confinement for assault with intent to rob. They further...
On 19 September 1955, the Air Force Discharge Review Board (AFDRB) considered and denied applicant’s request for an upgrade of his BCD to under honorable conditions (general) (Exhibit C). Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit D. _________________________________________________________________ AIR FORCE EVALUATION: The Military Personnel Management Specialist, HQ...
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