RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02452
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would like his discharge upgraded to be eligible for VA assistance.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 30 July 1954 in the grade of
airman basic for a period of four years.
Applicant's military personnel records were destroyed by fire in 1973.
Limited military records were available for review.
The applicant was court-martialed and was found guilty on two counts of
failure to repair and one count of stealing a camera valued at $50. He was
sentenced to a forfeiture of $65 per month for six months, confinement at
hard labor for six months and a bad conduct discharge. Only so much of the
sentence as provided for the bad conduct discharge, confinement at hard
labor for six months, and forfeiture of $55.46 per month for six months,
was affirmed. The modified sentenced was duly executed. The unexecuted
portion of the sentence to confinement at hard labor was remitted.
Applicant was discharged on 3 January 1957, in the grade of airman third
class with a bad conduct discharge, under the provisions of a special court-
martial action. He served a total of 2 years, 11 months and 4 days total
active duty.
Pursuant to the Board’s request, the Federal Bureau of investigation,
Washington, D.C., provided an investigative report which is attached at
Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The Military Personnel Management Specialist, Separations Branch, HQ
AFPC/DPPRS, reviewed this application and states that the applicant did not
provide evidence of error in his discharge case. However since the
discharge occurred over 43 years ago and considering the punishment he
served for the crime he committed, they recommend clemency. If a check of
the Federal Bureau of Investigation files proves negative, they recommend
his discharge be upgraded to honorable and that the AFBCMR direct that he
be issued a DD Form 256AF, Honorable Discharge Certificate, since he does
not have a DD Form 214 to correct or upgrade. He has not filed a timely
request.
A complete copy of the Air Force evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 20 October 2000, a copy of the Air Force evaluation was forwarded to the
applicant for review and response within thirty (30) days. As of this
date, no response has been received by this office.
On 21 November 2000, a copy of the FBI report was forwarded to the
applicant for review and response within thirty (30) days. As of this
date, no response has been received by this office.
_________________________________________________________________
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 warranting an upgrade 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. The Air Force, in their 2 October 2000 advisory, recommends
that since the discharge occurred over 43 years ago it should be upgraded
on the basis of clemency, if a check of the FBI investigation files is
negative for any criminal activity. However, we note that the FBI report
indicates that the applicant has apparently committed further misconduct
subsequent to his discharge. In view of the foregoing, we are not
persuaded that an upgrade of the applicant’s discharge on the basis of
clemency is warranted in this case. Therefore, favorable action on this
appeal is not recommended.
_________________________________________________________________
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 8 February 2001, under the provisions of AFI 36-2603:
Mr. Patrick R. Wheeler, Panel Chair
Mr. Roger E. Willmeth, Member
Mr. John E. Pettit, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Sep 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 2 Oct 00.
Exhibit E. Letter, SAF/MIBR, dated 20 Oct 00.
PATRICK R. WHEELER
Panel Chair
Applicant’s grade at the time of discharge was airman basic (A/B). 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...
Additionally, the applicant provided no facts warranting an upgrade of the discharge he received. On 16 March 2001, the Board staff requested the applicant provide post- service documentation within thirty (30) days (Exhibit F). Exhibit E. Letter, SAF/MIBR, dated 16 February 2001.
Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C., provided an investigative report which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The Military Personnel Specialist, Separations Branch, AFPC/DPPRS, reviewed this application and states that member’s records show he had repeated infractions and the attempts to rehabilitate him were unsuccessful. Accordingly, we recommend that the...
Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C., provided an investigative report which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The Military Personnel Specialist, Separations Branch, AFPC/DPPRS, reviewed this application and states that member’s records show he had repeated infractions and the attempts to rehabilitate him were unsuccessful. Accordingly, we recommend that the...
AF | BCMR | CY2003 | BC-2002-01770
---, which is at Exhibit E. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS states that the applicant provided no facts warranting an upgrade of his discharge. Exhibit B. LAWRENCE R. LEEHY Panel Chair AFBCMR 02-01770 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat...
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a report of Applicant’s arrest record (Exhibit C). After a thorough review of the evidence of record and applicant’s submission, we are unpersuaded that relief should be granted. Exhibit E. Letter, SAF/MIBR, dated 19 May 00.
Under our broader mandate and after careful consideration of all the facts and circumstances of applicant's case, the Board is persuaded that applicant 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 21 Jan 60, he was discharged with service characterized as general (under honorable conditions). JOSEPH G. DIAMOND Panel...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-00004 INDEX CODE: A50.00, A50.03 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an investigative report which is...
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.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-00473 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to...