RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: 02-02759
INDEX CODE 110.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 1972 general discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and stupid. He claims he has learned from his mistake. It
was one incident and he served the rest of his time honorably.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air force on 6 Dec 71. During
the period in question, he was a keypuncher at George AFB, CA. His one
Airman Performance Report (APR) for the period closing 29 Sep 72 has
an overall rating of 6.
He received a Letter of Reprimand (LOR) on 1 Sep 72 for being absent
from duty on 23 Aug 72. A 9 Oct 72 performance memo indicates the
applicant’s performance was below standard, his attitude was negative
and not career minded, and he had written numerous checks that were
returned due to insufficient funds.
On 18 Oct 72, the applicant was notified of his commander’s intent to
initiate discharge action with a general characterization for apathy,
defective attitude and inability to expend effort constructively.
Related documents refer to the applicant’s involvement with civil
authorities and conviction for falsifying statements to obtain credit,
for which he was sentenced to 15 days in the county jail, suspended,
and placed on one-year probation.
The applicant was discharged on 31 Oct 72 in the grade of airman first
class with a general characterization. He had 10 months and 25 days of
active service.
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.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS provided their rationale for recommending denial.
A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluation and the FBI Report were
forwarded to the applicant on 20 Sep 02 and 31 Oct 02, respectively,
for review and comment within 30 days. As of this date, this office
has received no response.
_________________________________________________________________
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 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 applicant’s
contentions are duly noted; however, we do not find these
uncorroborated assertions, in and by themselves, sufficiently
persuasive to override the evidence of record or the FBI report. In
fact, we note from his address that the applicant was incarcerated at
a correctional facility when he filed his appeal. As the applicant has
not shown his discharge was not fully supported by his misconduct or
that he has become a productive member of society since his separation
from the Air Force, we find no compelling basis to recommend granting
the relief sought.
_________________________________________________________________
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 17 December 2002 under the provisions of AFI 36-
2603:
Ms. Peggy E. Gordon, Panel Chair
Ms. Barbara J. White-Olson, Member
Mr. Charlie E. Williams, Jr., Member
The following documentary evidence relating to AFBCMR Docket Number 02-
02759 was considered:
Exhibit A. DD Form 149, dated 23 Aug 02.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 13 Sep 02.
Exhibit E. Letter, SAF/MRBR, dated 20 Sep 02.
Exhibit F. Letter, AFBCMR, dated 31 Oct 02.
PEGGY E. GORDON
Panel Chair
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.
He recommended that applicant be discharged from the service. A complete copy of the evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant indicated that he is now retired and a member of the American Legion. Exhibit E. Letter, SAF/MRBR, dated 15 Mar 02, w/atchs.
AF | BCMR | CY2003 | BC-2002-02385
The applicant submitted a request to the Air Force Discharge Review Board (AFDRB) to have his under honorable conditions (general) discharge upgraded to honorable. The applicant submitted a request to the Air Force Personnel Board (AFPB) to change his reenlistment code. Based on the information and evidence provided they recommend the applicant's request be denied (Exhibit D).
AF | BCMR | CY2004 | BC-2002-02385
The applicant submitted a request to the Air Force Discharge Review Board (AFDRB) to have his under honorable conditions (general) discharge upgraded to honorable. The applicant submitted a request to the Air Force Personnel Board (AFPB) to change his reenlistment code. Based on the information and evidence provided they recommend the applicant's request be denied (Exhibit D).
AF | BCMR | CY2004 | BC-2004-01381
On 22 Dec 72, the discharge authority directed the applicant be discharged without P&R, and that he be issued a DD Form 257AF, General Discharge Certificate. Exhibit D. Letter, HQ AFPC/DPPRS, dated 18 May 04. Exhibit E. Letter, SAF/MRBR, dated 28 May 04.
The diagnosis was defective attitude with no evidence of classifiable psychiatric disease. 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. Exhibit D. Letter, SAF/MRBR, dated 30 Aug 02 Exhibit E. Letter, Applicant, dated 6 Sep 02.
AF | BCMR | CY2005 | BC-2004-02629
The applicant provides a personnel statement and two supporting statements. The commander charged the applicant for not listing his 24 Feb 83 arrest for receiving a stolen credit card on his 30 Jul 84 Application for Enlistment. On 4 Dec 95, the Board denied the applicant’s request to have his narrative reason for discharge changed from “Fraudulent Enlistment” to “Administrative Disclosure.” A copy of the Record of Proceedings is provided at Exhibit B. Pursuant to the Board's request, the...
AF | BCMR | CY2006 | BC-2006-02072
On 11 Oct 73, an evaluation officer interviewed the applicant and recommended he be discharged with an under honorable conditions (general) discharge for unsuitability based upon a defective attitude. ____________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS recommends the application be denied, and states, in part, based on the documentation on file in the master personnel records, the discharge was consistent with the procedural...
AF | BCMR | CY2004 | BC-2004-03032
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03032 INDEX NUMBER: 110.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. Applicant was discharged on 15 Dec 72, in the grade of airman first class, under the provisions of AFM 39-12, by reason of unfitness, with service...
AF | BCMR | CY2007 | BC-2006-03785
The applicant was discharged on 29 Mar 73. Other than his own assertions, the applicant has provided no evidence that would lead us to believe the actions taken to effect his discharge were improper, or that the information in his discharge case file is erroneous. Exhibit E. Letter, SAF/MRBR, dated 5 Jan 07; AFBCMR dated 26 Jan 07.