RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00200
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant had two previous enlistments for which he received
honorable discharges (9 Nov 46 and 26 May 50). His last reenlistment
was on 18 Aug 50 for a period of four years. 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). At the time of his discharge, he had served a
total of 3 months and 8 days, with 53 days of lost time. His total
net service for pay purposes was 4 years, 8 months and 19 days.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 25 Apr 02, that, on the basis of data
furnished, they are unable to locate an arrest record.
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 at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommended denial. DPPRS stated that the applicant was
tried and convicted for a felony by civil authorities of the District
of Wyoming for larceny on a Government reservation. He was sentenced
to two (2) years’ confinement at a Federal Reformatory in OK, with an
effective date of 2 Jan 51. Official court order papers state the
applicant appeared in person without counsel. The applicant waived
the right to assistance of counsel and pled guilty. DPPRS indicated
that the Air Force does not provide legal counsel in civil matters. A
previous Summary Court-Martial convicted the applicant on 3 Dec 47 for
being absent without leave (AWOL) from 17 to 25 Nov 47. His
punishment consisted of restriction to base, forfeiture of $25.00 and
reduction to the grade of private. The applicant did not submit any
new evidence or identify any errors or injustices that occurred in the
discharge processing.
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 his
civil conviction was for 1 year not 2 years. He further disagrees
that he was advised of his right to counsel. The reason he pled
guilty was for medical assistance.
Applicant’s response, with attachments, is at Exhibit E.
_________________________________________________________________
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. His contentions are duly noted;
however, we do not find these uncorroborated assertions, in and by
themselves sufficiently persuasive to override the opinion and
recommendation of the Air Force office of primary responsibility (HQ
AFPC/DPPRS). We therefore adopt their rationale as the basis for our
decision that the applicant has failed to sustain his burden that he
has suffered either an error or an injustice. In view of the above
and absent evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
_________________________________________________________________
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 Docket Number 02-00200
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 8 Feb 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 1 Mar 02.
Exhibit D. Letter, SAF/MRBR, dated 8 Mar 02.
Exhibit E. Applicant’s response, post-marked 19 Mar 02.
DAVID W. MULGREW
Panel Chair
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