RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03332
INDEX CODE: 110.02
APPLICANT COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His General, Under Honorable Conditions, discharge be upgraded to
Honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was falsely accused of having possession and using a habit-forming
drug that was subsequently proven untrue during his court-martial
hearing. (Exhibit A)
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his enlistment in the Regular Air Force on 8
June 1950. He was progressively promoted to the grade of Airman 3rd
Class (A/3C) with an effective date and date of rank of 11 March 1952.
On 5 March 1954, the applicant was arraigned and tried by general
court-martial for wrongful use of a habit forming narcotic (Morphine)
(found not guilty), and forgery and possession of a military pass
(found guilty on both counts). Applicant was reduced in grade to
Airman Basic (AB/E-1) and fined $50 per month for three months. The
sentence was adjudged and carried out on 5 March 1954.
The available record reflects applicant’s character and efficiency
ratings as excellent on 2 Sep 50, 3 Mar and 12 Mar 51; on 16 Apr 51,
excellent character rating and satisfactory efficiency rating;
excellent on 15 Aug and 28 Oct 51; unknown on 8 Dec and 21 Dec 51; and
on 24 Oct 53, character rating was good and efficiency rating was
unsatisfactory.
The specific facts surrounding the applicant’s involuntary separation
are not contained in the available records. His DD Form 214, Report
of Separation from the Armed Forces of the United States, reflects
that he was discharged under the provisions of AFR 39-14 (Convenience
of the Government), with a general, under honorable conditions,
discharge on 10 May 1954, after serving 3 years, 11 months, and 3 days
of active service. He was discharged in the grade of airman basic.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial noting that the applicant provided no
new evidence to support his claim. Nor did the applicant identify any
errors or injustices in the processing of his discharge. DPPRS states
that the discharge was consistent with the procedural and substantive
requirements of the discharge regulation and that it was within the
discretionary power of the discharge authority. (Exhibit C)
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
20 December 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. After careful consideration of
applicant’s request and the available evidence of record, we found
insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. Based on the presumption of
regularity in the conduct of governmental affairs and without evidence
to the contrary, we must assume that the applicant’s discharge was
proper and in compliance with appropriate directives. Therefore, we
find no basis upon which to favorably consider 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-
2002-03332 in Executive Session on 4 March 2003, under the provisions
of AFI 36-2603:
Mr. Joseph A. Roj, Panel Chair
Ms. Kathleen F. Graham, Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dtd 21 Nov 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dtd 13 Dec 02.
Exhibit D. Letter, SAF/MRBR, dtd 20 Dec 02, w/atchs.
JOSEPH A. ROJ
Panel Chair
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