Search Decisions

Decision Text

AF | BCMR | CY2001 | 0101565
Original file (0101565.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NO: 01-01565
                             INDEX CODE:  100.00

                             COUNSEL:  NONE

                                  HEARING DESIRED:  NO

Applicant requests that his discharge be upgraded to  general.   Applicant's
submission is at Exhibit A.

The  appropriate   Air  Force  office  evaluated  applicant's  request   and
provided an advisory opinion to the Board recommending  the  application  be
denied (Exhibit C).  The advisory opinion was  forwarded  to  the  applicant
for review and response (Exhibit D). As of this date, no response  has  been
received by this office.  Pursuant  to  the  Board's  request,  the  Federal
Bureau of Investigation,  (FBI)  Clarksburg,  WV,  has  provided  an  arrest
record (Exhibit E).  A copy of the FBI Investigative Report and  Information
Bulletin (Upgrade of Discharge - Clemency) were forwarded to  the  applicant
for review and comment (Exhibit F).

The application was not timely filed; however, it  is  in  the  interest  of
justice to excuse the failure to timely file.

After  careful  consideration  of  applicant's  request  and  the  available
evidence of record, we find insufficient evidence of error or  injustice  to
warrant corrective action.  The facts and opinions stated  in  the  advisory
opinion appear to be based on the evidence  of  record  and  have  not  been
rebutted by applicant.  Absent  persuasive  evidence  applicant  was  denied
rights to which entitled, appropriate  regulations  were  not  followed,  or
appropriate standards were not applied, we find  no  basis  to  disturb  the
existing record.

Accordingly, applicant's request is denied.

The  Board  staff  is  directed  to  inform  applicant  of  this   decision.
Applicant should also be informed that this decision is final and will  only
be reconsidered upon the presentation of new  relevant  evidence  which  was
not available at the time the application was filed.

Members of the Board Ms.  Peggy  E.  Gordon,  Mr.  John  B.  Hennessey,  and
Mrs. Carolyn J. Watkins, considered this application on 6 November 2001,  in
accordance with the provisions of Air Force  Instruction  36-2603,  and  the
governing statute, 10, U.S.C. 1552.




                       PEGGY E. GORDON
                       Panel Chair
Exhibits:

A.  Applicant's DD Form 149, w/atchs
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  AFBCMR Ltr Forwarding Advisory Opinion
E.  FBI Investigative Report
F.  AFBCMR Ltr Forwarding FBI Report
    and Info Bulletin

Similar Decisions

  • AF | BCMR | CY2000 | 9903258

    Original file (9903258.doc) Auto-classification: Denied

    The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The report was forwarded to the applicant for review and response (Exhibit G). Available Master Personnel Records C. Advisory Opinion D. SAF/MIBR Ltr Forwarding Advisory Opinion E. AFBCMR Post Service Request F. FBI Report G. AFBCMR Ltr Forwarding FBI Report

  • AF | BCMR | CY1999 | 9801781

    Original file (9801781.doc) Auto-classification: Denied

    Applicant's submission is at Exhibit A. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Washington, D.C., provided an investigative report which is attached at Exhibit C. The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit D). The advisory opinion was forwarded to the applicant for review and response (Exhibit E). After careful consideration of applicant's...

  • AF | BCMR | CY2002 | BC-2002-01471

    Original file (BC-2002-01471.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01471 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable (under other than honorable conditions) discharge be upgraded to honorable. After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, a majority of the Board found no evidence of error or injustice. ...

  • AF | BCMR | CY1999 | 9801186

    Original file (9801186.doc) Auto-classification: Denied

    Applicant's submission is at Exhibit A. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Washington, D.C., provided an investigative report which is attached at Exhibit C. The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit D). The advisory opinion was forwarded to the applicant for review and response (Exhibit E). RICHARD A. PETERSON Panel Chair Exhibits: A.

  • AF | BCMR | CY1999 | BC-1998-01186

    Original file (BC-1998-01186.doc) Auto-classification: Denied

    Applicant's submission is at Exhibit A. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Washington, D.C., provided an investigative report which is attached at Exhibit C. The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit D). The advisory opinion was forwarded to the applicant for review and response (Exhibit E). RICHARD A. PETERSON Panel Chair Exhibits: A.

  • AF | BCMR | CY2000 | 9801186

    Original file (9801186.doc) Auto-classification: Denied

    Applicant's submission is at Exhibit A. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Washington, D.C., provided an investigative report which is attached at Exhibit C. The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit D). The advisory opinion was forwarded to the applicant for review and response (Exhibit E). RICHARD A. PETERSON Panel Chair Exhibits: A.

  • AF | BCMR | CY2002 | 0102553

    Original file (0102553.doc) Auto-classification: Denied

    On 6 Feb 58, the commander recommended the applicant be discharged from the Air Force under the provisions of AFR 39-22 (Conviction by Civil Court) with an undesirable discharge. Considering that the discharge occurred over 43 years ago and the type of offense committed by the applicant, the appropriate office of the Air Force has indicated that they would recommend clemency if a check of the FBI files proves negative. Exhibit E. Letter, SAF/MRBR, dated 2 Nov 01.

  • AF | BCMR | CY1999 | 9802185

    Original file (9802185.doc) Auto-classification: Denied

    Applicant's submission is at Exhibit A. Pursuant to the Board’s request of 10 December 1998, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided a copy of an investigation report, which is attached at Exhibit C. The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit D) The advisory opinion was forwarded to the applicant for review and response (Exhibit E). On 14...

  • AF | BCMR | CY2001 | 0002267

    Original file (0002267.doc) Auto-classification: Denied

    ___________________________________________________________________ STATEMENT OF FACTS: Based on the DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, the applicant is a former member who was discharged with an undesirable discharge on 27 September 1957, under the provisions of AFR 39-17 (Unfitness). ___________________________________________________________________ APPLICANT'S REVIEW OF FBI REPORT: A copy of the FBI report was forwarded to the applicant on 14...

  • AF | BCMR | CY2002 | 0202759

    Original file (0202759.doc) Auto-classification: Denied

    His one Airman Performance Report (APR) for the period closing 29 Sep 72 has an overall rating of 6. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded his general discharge should be upgraded to honorable. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 17 December 2002 under the provisions of AFI 36- 2603: Ms. Peggy E. Gordon, Panel...