Search Decisions

Decision Text

AF | BCMR | CY2003 | 0000415A
Original file (0000415A.doc) Auto-classification: Approved

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-00415
            INDEX CODE:  110.00
      APPLICANT  COUNSEL:  NO

      SSN   HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant's request for reconsideration, he requests his under other
than honorable conditions (UOTHC) discharge be upgraded to honorable.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 14 November 1952  as  an
airman basic for a period of four (4) years.  He  was  court-martialed  for
being absent without leave (AWOL).  The  applicant  was  discharged  on  21
September 1956, with an UOTHC discharge for unfitness.

The applicant's request to have his discharge upgraded was  considered  and
denied by the Board on 9 August 2000.  For an accounting of the  facts  and
circumstances surrounding the applicant's  eligibility  for  receiving  the
requested decoration, and the rationale of the  earlier  decisions  by  the
Board, see the Record of Proceedings, with attachments, at Exhibit F.

The  applicant’s   brother   submitted   a   letter   (undated)   requesting
reconsideration of his brother’s request to  have  his  discharge  upgraded.
On 13 January 2003, in response to the brother’s request,  AFBCMR  forwarded
a letter to the applicant  informing  him  the  request  did  not  meet  the
criteria for reconsideration (Exhibit G).

In a letter dated  16  January  2003,  the  applicant  is  again  requesting
reconsideration to have his discharge upgraded.  In support of  his  request
he submitted an employment appraisal and characters letters  from  employers
and co-workers (Exhibit H).

_________________________________________________________________

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 of timely file.

3.    Sufficient relevant evidence has been presented  to  demonstrate  the
existence of error or injustice warranting an upgrade  of  the  applicant’s
discharge.  No evidence has been presented which would lead  the  Board  to
believe the service member’s discharge was  improper  or  contrary  to  the
directive under which it was effected.   Nevertheless,  we  note  that  the
applicant has had to live with the adverse effects of his under other  than
honorable conditions discharge for over 46 years and we believe it would be
an injustice for him to continue to suffer  from  its  effects.   From  the
documentation  submitted,  it  appears  that  he  has  made  a   successful
transition to  civilian  life;  therefore,  we  are  of  the  opinion  that
upgrading the  service  member’s  discharge  to  general  (under  honorable
conditions), based on clemency, would be appropriate.  Applicant’s  request
for an honorable discharge was considered but based on the overall  record,
a further upgrade is not warranted.  Therefore, we  recommend  the  service
member’s records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force  relating
to APPLICANT be corrected to  show  that  on  21  September  1956,  he  was
discharged with the  service  characterized  as  general  (under  honorable
conditions).

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 00-00415
in Executive Session on 25 March 2003, under the provisions of AFI 36-2603:

            Ms. Martha Maust, Panel Chair
            Mr. Grover L. Dunn, Member
            Mr. Clarence D. Long III, Member

All members voted to correct the records  as  recommended.   The  following
documentary evidence was considered:

      Exhibit F. Record of Proceedings, dated 9 Aug 00, w/atchs.
      Exhibit G. Letter, CMSgt C.S., USAF (Ret), undated.
      Exhibit H. Applicant’s Reconsideration Request, dated
                 16 Jan 03.




                       MARTHA MAUST
                       Panel Chair






AFBCMR 00-00415
INDEX CODE:  110.00





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction for Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116) it is directed
that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, SSN, be corrected to show that on 21 September 1956,
he was discharged with the service characterized as general (under
honorable conditions).




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2002 | BC-2002-03148

    Original file (BC-2002-03148.doc) Auto-classification: Denied

    He received a General Under Honorable Conditions discharge under the provisions of AFR 39-16 (Discharge of Airmen During Their First Enlistment - Unsuitability). DPPRS notes also that the applicant provided no evidence of any errors or injustices that occurred during discharge processing, nor did the applicant provide any facts warranting an upgrade of the discharge he received. Exhibit C. Letter, HQ AFPC/DPPRS, dated 4 Nov 02.

  • AF | BCMR | CY2003 | BC-2002-03148

    Original file (BC-2002-03148.doc) Auto-classification: Denied

    He received a General Under Honorable Conditions discharge under the provisions of AFR 39-16 (Discharge of Airmen During Their First Enlistment - Unsuitability). DPPRS notes also that the applicant provided no evidence of any errors or injustices that occurred during discharge processing, nor did the applicant provide any facts warranting an upgrade of the discharge he received. Exhibit C. Letter, HQ AFPC/DPPRS, dated 4 Nov 02.

  • AF | BCMR | CY2003 | BC-2002-02606

    Original file (BC-2002-02606.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02602 INDEX CODE: 110.00 APPLICANT COUNSEL: None SSN HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded to an honorable or general discharge. The Air Force Court of Criminal Review affirmed the findings of guilty and the sentence on 5 March 1990. Pursuant to the Board’s request, the...

  • AF | BCMR | CY2003 | BC-2003-02832

    Original file (BC-2003-02832.doc) Auto-classification: Approved

    The Discharge Authority approved his request for discharge and ordered an undesirable discharge on 9 April 1957. Based on the foregoing clemency considerations, we believe that his discharge should be upgraded to “under honorable conditions.” _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 29 April 1957, he was discharged with...

  • AF | BCMR | CY2005 | BC-2005-01032

    Original file (BC-2005-01032.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01032 INDEX CODE: 110.00 COUNSEL: AMERICAN LEGION HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 27 SEP 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. Based on the information and evidence provided they recommend the request be denied (Exhibit D). As...

  • AF | BCMR | CY2004 | BC-2003-03961

    Original file (BC-2003-03961.doc) Auto-classification: Denied

    He accepted the discharge for being absent without leave (AWOL), but regrets that decision to this date. As of this date, this office has received no response. We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.

  • AF | BCMR | CY2003 | BC-2002-02951

    Original file (BC-2002-02951.doc) Auto-classification: Denied

    On 12 Jul 00, the applicant was notified by her squadron commander that he intended to recommend her discharge from the Air Force for disobeying a direct order to take the Anthrax Vaccination, with a general (under honorable conditions) discharge. The complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 20 Dec 02 for review and...

  • AF | BCMR | CY2002 | 0103532

    Original file (0103532.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-03532 INDEX CODE: 110.00 APPLICANT COUNSEL: None SSN HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment (RE) code be changed to allow him to enlist in the Mississippi Air National Guard. Applicant's EPR profile reflects the following: PERIOD ENDING OVERALL EVALUATION 17 Dec 95 2 2 Aug 96...

  • AF | BCMR | CY2002 | 0101140

    Original file (0101140.doc) Auto-classification: Denied

    Applicant was discharged on 5 July 1973, in the grade of airman with an under other than honorable conditions (UOTHC) discharge, under the provisions AFM 39-12 (for the good of the service). After thoroughly reviewing the evidence of record, we are not persuaded that the applicant has been the victim of either an error or an injustice. Therefore, based on the evidence of record, we cannot conclude that clemency is warranted.

  • AF | BCMR | CY2003 | BC-2002-03163A

    Original file (BC-2002-03163A.doc) Auto-classification: Approved

    ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03163 INDEX CODE: 100.00 APPLICANT COUNSEL: None SSN HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: In the applicant’s appeal for reconsideration, he requests his National Guard Bureau (NGB) Form 22, Report of Separation, be corrected to reflect he was honorably discharged. For an accounting of the facts...