RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00521
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and wild and made a bad decision. He received too severe of a
punishment compared with today’s standards. His ability to serve was
hampered due to a deprived background and being raised by a single parent.
Later in life he saw his mistakes and would like to be forgiven. He is now
71 years old and can’t afford to pay his medical bills. He would like his
discharge to be upgraded so he can receive nursing home medical benefits.
It is an injustice for him to continue to suffer the adverse consequences
of a bad conduct discharge and clemency is warranted.
In support of his request the applicant provides a copy of his Application
for the Review of Discharge or Dismissal From the Armed Forces of the
United States.
The applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The majority of the applicant’s records were lost or destroyed. The
following is extracted from the limited military records available for
review. On 13 January 1948, the applicant enlisted in the United States
Air Force. On 29 January 1952, applicant was convicted by a general court-
martial for being Absent Without Leave and sentenced to be discharged with
a bad conduct discharge, to forfeit $58.00 of his pay per month for 6
months and to be confined at hard labor for 6 months. The sentence was
affirmed and ordered into execution of 25 March 1952. Pay records indicate
his discharge was executed on 1 July 1952.
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 15
March 2002 for review and response. As of this date, this office has
received no response (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 that would warrant an upgrade of his characterization of service.
In our opinion, based on 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 in Executive
Session on 29 May 2002, under the provisions of AFI 36-2603:
Mr. Philip Sheuerman, Panel Chair
Mr. Billy C. Baxter, Member
Mr. James W. Russell, III, Member
The following documentary evidence for AFBCMR Docket Number
02-00521 was considered:
Exhibit A. DD Form 149, dated 7 February 2002 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 11 March 2002.
Exhibit D. Letter, SAF/MRBR, dated 15 March 2002.
PHILIP SHEUERMAN
Panel Chair
He served 3 years, 3 months and 27 days of total active service with no time lost. 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. ___________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00161 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the...
He accepted the undesirable discharge so he could return home to work and help his family. The board found that the applicant was physically unfit for further military duty and recommended that the applicant be referred to a Physical Evaluation Board (PEB) for further evaluation. On 19 March 2002, a letter was forwarded to applicant and counsel suggesting that the applicant consider providing evidence pertaining to his post-service activities.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-03558 INDEX CODE: 110.00 COUNSEL: None HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-02510 INDEX CODE: 100.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His erroneous enlistment be removed from his records and he be allowed to reenlist in the Air Force. A complete copy of the evaluation is attached at Exhibit...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01736 INDEX CODE: 110.00 APPLICANT COUNSEL: None SSN HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His discharge be upgraded to a general discharge. DPPRS further states that the applicant has not submitted any new evidence or identified any errors or injustices that may have occurred during his discharge processing. ...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-03621 INDEX NUMBER: 100.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) Code be changed. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant upgrading his RE Code. ...
_________________________________________________________________ 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 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...
AF | BCMR | CY2003 | BC-2002-02678
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02681 INDEX NUMBER: 110.00 XXXXXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: No ____________________________________________________________ APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to honorable. ____________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the Board finds insufficient evidence of error or...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-03445 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband’s bad conduct discharge (BCD) be upgraded to general, under honorable conditions. On 28 Sep 54, the Air Force Discharge Review Board (AFDRB) denied the member’s request for an upgrade of his discharge. After thoroughly...