RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-03334
APPLICANT COUNSEL: NONE
SSN HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He never had a chance to upgrade himself. He states that he was
always washing pots and pans and dishes from 12 to 16 hours daily,
except Thursdays. He had one day off a week.
In support of the appeal applicant submits statements from his
minister, bank, the local police departments and character references.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s master personnel record (MPR) appears to have been
destroyed by the 1973 fire at the National Personnel Records Center
(NPRC) in St Louis.
Documentation provided by the applicant reflects that he was
discharged from the United States Air Force on 10 May 1957 with a
general discharge, under honorable conditions.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on the basis of the data furnished they were
unable to locate an arrest record (Exhibit C).
_________________________________________________________________
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 2 May 2000, under the provisions of AFI 36-
2603:
Mr. Terry A. Yonkers, Panel Chair
Ms. Leta L. O’Connor, Member
Mr. Charlie E. Williams, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Jan 00.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
TERRY A. YONKERS
Panel Chair
They considered the length of time since discharge, the reason for the discharge, and the applicant’s otherwise honorable service. Additionally, on 5 February 2001, the AFBCMR staff provided the applicant copies of the FBI report and the Information Bulletin, for review and response within 30 days (Exhibit E). Exhibit B.
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.
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.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-01296 INDEX CODE: 110.00 xxxxxxxxxxxxxxxx COUNSEL: NONE xxxxxxxxxxx HEARING DESIRED: NO APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to an honorable discharge. STATEMENT OF FACTS: Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C., provided an investigative report which is attached at Exhibit C. The relevant facts pertaining...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-00420 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to a general under honorable conditions. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from...
Therefore, while the applicant’s daughter has recanted her story, we find no such documentation from this other victim. Further, we also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency. Exhibit H. Counsel's response, dated 27 Oct 99, w/atchs.
We conclude therefore, that the discharge proceedings were proper in characterization of the discharge and was appropriate to the existing circumstances. Exhibit B. Exhibit C. AFDRB Brief, dated 15 November 1996.
_________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member who was discharged with a general (under honorable conditions) discharge on 7 October 1958, under the provisions of AFR 39-16 (Discharge for inaptitude or unsuitability - other reasons) and Letter, Department of the Air Force, dated 1 December 1955, “Discharge of Airmen During Their First Enlistment.” He had served 2 years and 5 months on active duty. It appears that...
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.
After careful consideration of applicant's request, we find insufficient evidence of error or injustice to warrant corrective action. In view of the lack of documentation provided by the applicant pertaining to his post-service activities, as well as the lack of information regarding the circumstances of his separation from the service, we do not find the documentation sufficient to warrant favorable action based on clemency. The Board staff is directed to inform applicant of this decision.