Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2002-03148
Original file (BC-2002-03148.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03148
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded from General, Under Honorable Conditions, to
Honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant did not present any contentions.

Applicant’s request is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force  on     3
March 1953.  He was progressively promoted to the grade of Airman  2nd
Class (A2C/E-3) with an effective date and date of rank of 14  October
1954.

On 12 June 1953, applicant received an Article 15 as a  result  of  an
indecent exposure charge that was changed to a  drunk  and  disorderly
charge.  Punishment imposed was reduction from Airman 3rd Class (A3C/E-
2) to Airman Basic (AB/E-1).  On  18  July  1955,  applicant  received
another Article 15 as a result of a drunk and disorderly  charge  that
resulted in his reduction in grade from A2C to A3C.

On 26 January 1956, applicant received notification that he was  being
recommended for  discharge  due  to  Enuresis  (Bedwetting),  frequent
failure to wake-up in the morning, his aggressive attitude, and  other
unsuitable behavior.  He received a General Under Honorable Conditions
discharge under the provisions  of  AFR  39-16  (Discharge  of  Airmen
During Their First Enlistment  -  Unsuitability).   He  had  served  3
years, 1 month and 24 days and was serving in the grade  of  A3C  when
discharged on 26 April 1956.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS’s recommendation is  based  on
information in the applicant’s file that indicated that the  discharge
was consistent with  the  procedural  requirements  of  the  discharge
regulation of that time.  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.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded to the applicant on 8
November 2002, for review and comment within  30  days.   As  of  this
date, there has been no response received by this office.  (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.  Applicant’s contentions are duly
noted, however, we are not persuaded that his records are in error  or
that he has been the victim of an injustice.  Therefore, we agree with
the opinion and recommendation of the  Air  Force  office  of  primary
responsibility and adopt the rationale expressed as the basis for  our
decision that the applicant has failed  to  establish  his  burden  of
having suffered either an  error  or  injustice.   Therefore,  in  the
absence of persuasive 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 AFBCMR Docket Number BC-
2002-03148 in Executive Session on 9 April 2003, under the  provisions
of AFI 36-2603:



      Mr. Michael K. Gallogly, Panel Chair
      Ms. Martha Maust, Member
      Mr. Billy C. Baxter, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated. 30 Oct 02
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 4 Nov 02.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Nov 02.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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 | CY2005 | BC-2005-01086

    Original file (BC-2005-01086.DOC) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01086 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 1 OCT 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. Taylor & Co Ltd. On 28 December 1966, the group commander advised applicant of his right to consult legal...

  • AF | BCMR | CY2002 | 0102805

    Original file (0102805.doc) Auto-classification: Denied

    In support of his appeal, the applicant submitted a letter of character reference from his pastor and deacon board; a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States and his Air Force Discharge Review Board (AFDRB) Hearing record. Applicant’s complete submission is at Exhibit A. He also states that when he was discharged, he was told that in six months his discharge would be upgraded.

  • AF | BCMR | CY2004 | BC-2004-01526

    Original file (BC-2004-01526.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01526 INDEX NUMBER: 131.00 XXXXXXX COUNSEL: None XXXXXXX HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: He be promoted from the grade of airman second class (A2C) to airman first class (A1C). There are no other promotion orders in his record to indicate he was ever promoted to A1C. We took notice of the applicant's...

  • AF | BCMR | CY2004 | BC-2004-01465

    Original file (BC-2004-01465.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01465 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to honorable. On 29 October 1953, the discharge authority approved the separation recommended by the Board of Officers and directed that applicant be discharged with an undesirable discharge. ...

  • AF | BCMR | CY2004 | BC-2004-01255

    Original file (BC-2004-01255.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: On 3 February 1951, the former member enlisted in the Regular Air Force at the age of 18 in the grade of airman basic (E-1) for a period of four (4) years. On 12 December 1955, the former member submitted an application to the Air Force Discharge Review Board (AFRDB) requesting his undesirable discharge be upgraded to honorable. ________________________________________________________________ The...

  • AF | BCMR | CY2003 | BC-2002-03458

    Original file (BC-2002-03458.doc) Auto-classification: Denied

    A special court-martial was convened on 4 June 1954 in Wilmington to address the applicant’s two outstanding AWOL charges, 1 December through 12 March 1954 and 23 through 29 March 1954, where the applicant was found guilty and consequently sentenced to confinement with hard labor for six months and fined $34 per month for six months. The sentence was disapproved and the charges dismissed as the HQ Eastern Defense Force commander found that the applicant had, in fact, been discharged from...

  • AF | BCMR | CY2003 | BC-2002-03867

    Original file (BC-2002-03867.doc) Auto-classification: Denied

    He was never given a physical prior to his discharge from the Air Force. He had served 2 years, 7 months and 13 days on active duty. Evidence of record and medical examinations prior to separation from the Air Force indicate the applicant was fit and medically qualified for continued military service, retention or appropriate separation and did not have any physical or mental defects which would have warranted consideration in the Disability Evaluation System.

  • AF | BCMR | CY2003 | BC-2002-03400

    Original file (BC-2002-03400.doc) Auto-classification: Approved

    DPPRS notes the DRB denial of the applicant’s appeal on 13 March 1986. Applicant's complete statement with attachments is at Exhibit E. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. In this respect, we note that his record of performance prior to the incident which led to his discharge, was excellent.

  • AF | BCMR | CY2002 | 0102576

    Original file (0102576.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-02576 INDEX NUMBER: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general under honorable conditions discharge. At that time, the applicant was also invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit F). We...