RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02717
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to a general (under honorable
conditions) discharge.
_________________________________________________________________
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 enlisted in the Regular Air Force on 12 September 1955
for a period of 4 years.
In September 1957, applicant was convicted by a civil court for theft.
He was sentenced to 2 years’ confinement, which was reduced to 2
years of supervised probation.
The applicant, while serving in the grade of airman basic, was
discharged from the Air Force on 19 September 1957. He was separated
under the provisions of AFR 39-22 (misconduct, civil court conviction)
with an Undesirable discharge. He served 1 year, 10 months and 24
days on active duty. He had 41 days of lost time.
Other 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 states that they believe the discharge was consistent with
the procedural and substantive requirements of the dicharge directives
in effect at the time of his discharge. The Air Force Discharge
Review Board denied his request for an upgrade on 28 October 1958.
Therefore, they recommend denial of applicant’s request. A complete
copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 20 September 2002, a complete copy of the Air Force evaluation was
forwarded to the applicant for review and response within 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 error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Staff
and adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of 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 this application on 5
November 2002, under the provisions of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Ms. Kathleen F. Graham, Member
Mr. Joseph A. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 12 Sep 02.
Exhibit D. Letter, AFBCMR, dated 20 Sep 02.
JOSEPH G. DIAMOND
Panel Chair
AF | BCMR | CY2002 | BC-2002-02717
_________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 12 September 1955 for a period of 4 years. Other 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 Air Force Discharge Review Board denied his request for an upgrade on 28 October 1958.
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He had completed a total of 3 years and 11 days (not including 122 days of lost time), and was serving in the grade of Airman 2nd Class (E-3) when discharged. He is truly sorry for his actions while in the Air Force and states that he thinks about his undesirable discharge every day. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on...
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