RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-03486
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
general.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did lie on his enlistment form that he had not been arrested. He was
convicted of joy riding in a stolen car on 2 June 1958. However, his UOTHC
is inequitable because his discharge was based on one isolated incident and
not on his 17 months of service with no other adverse action.
In support of his request the applicant provides a copy of his DD Form 293,
Application for the Review of Discharge or Dismissal from the Armed Forces
of the United States.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 26 January 1960, the applicant enlisted in the United States Air Force.
On 24 October 1961, the applicant was discharged with an under other than
honorable conditions discharge under the provisions of Air Force Regulation
39-21 (fraudulent enlistment). He had 25 days of lost time due to military
confinement.
The remaining 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.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends the application be denied. DPPRS states that the
applicant did not submit any evidence or identify any errors or injustices
that occurred in his discharge process. Based upon the documentation in
his records, DPPRS believes the discharge was consistent with the
procedural and substantive requirements of the discharge regulation (see
Exhibit C).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 8
February 2002 for review and response. As of this date, no response has
been received by this office (Exhibit D).
_________________________________________________________________
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 error or injustice. After careful consideration of the
applicant’s request and the available evidence of record, we see no
evidence of an error or injustice that would warrant a change in the
characterization of his service. In our opinion, based on the short period
of time he served on active duty, the amount of time lost to the government
and the limited evidence provided, the evidence submitted is not of a
sufficient quality and quantity to warrant the approval of the requested
relief at this time. The only other basis upon which to upgrade his
discharge would be based on clemency. However, the applicant has failed to
provide documentation pertaining to his post-service activities. Should he
provide documentary evidence pertaining to his post-service activities we
would be willing to reconsider his appeal. In the absence of such
evidence, favorable action is not recommended.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of 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 AFBCMR
Docket Number 01-03486 in Executive Session on 15 May 2002, under the
provisions of AFI 36-2603:
Mr. David W. Mulgrew, Panel Chair
Mr. Mike Novel, Member
Mr. John E. B. Smith, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 December 2001 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 31 January 2002.
Exhibit D. Letter, SAF/MRBR, dated 8 February 2002.
DAVID W. MULGREW
Panel Chair
On 27 August 1992, the Air Force Discharge Review Board considered the applicant’s request for discharge upgrade and change of reason for discharge and denied his requests (Exhibit E). By letter dated 1 October 2001, it was requested that the applicant provide evidence pertaining to his post-service activities (Exhibit G). After a thorough review of the evidence of record we see no evidence to show that the applicant’s discharge was erroneous or unjust.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-02572 INDEX CODE: 100.03 HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code of 2X be changed so that he may reenlist. The DPPRS evaluation is at Exhibit C. AFPC/DPPAE recommends the application be denied. _________________________________________________________________ THE BOARD...
During his enlistment he received one Airman Performance Report for the period 15 January 1973 - 22 May 1973 with an overall evaluation of five (5). Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the applicant, which is at Exhibit E. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends the application be approved. Having found no error or injustice...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02095 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. He was a model airman, never in trouble and it seemed that the Air Force didn’t take this into account. Based upon the documentation in his records,...
On 18 Jan 51, while serving in the grade of private first class, the applicant received an undesirable discharge, under the provisions of AFR 39-22 (conviction by civil authority). DPPRS indicated that the Air Force does not provide legal counsel in civil matters. The HQ AFPC/DPPRS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the Air Force evaluation and indicated that...
AF | BCMR | CY2003 | BC-2002-02800
Applicant's request to have his RE code changed was denied by the Air Force Discharge Review Board (AFDRB) on 8 Aug 75. After reviewing the evidence of record, we are unpersuaded that the applicant’s records are in error or that he has been the victim of an injustice. Exhibit C. Letter, AFDRB Hearing Record, dated 8 Aug 75.
AF | BCMR | CY2003 | BC-2001-02983
On 20 December 1977, the applicant received nonjudicial punishment under Article 15 for failure to go on 17 December 1977. The discharge authority approved the discharge on 24 January 1978 and ordered an UOTHC characterization without P&R. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 14 May 2003, under the provisions of AFI 36-2603: Ms. Brenda L. Romine, Panel Chair Mr. David W....
AF | BCMR | CY2003 | BC-2002-3688
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-03688 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general discharge be upgraded to an honorable discharge. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS recommends the application be denied. He provided no other...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-02497 COUNSEL: None HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE)code of 4J be changed to allow enlistment in the Air Force Reserve. Exhibit B. DAVID W. MULGREW Panel Chair AFBCMR 01-02497 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air...
AF | BCMR | CY2003 | BC-2002-03806
On 11 Sep 80, applicant was notified of his commander's intent to vacate the suspended nonjudicial punishment because he again failed to report for duty at the appropriate time. The commander, on 14 Oct 80, determined that applicant was guilty of the offenses and imposed punishment consisting of forfeiture of $224.00 per month for two months, restriction to base for 45 days, and a reduction to the grade of airman basic, with a new date of rank of 14 Oct 80. He had completed a total of 2...