RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03800
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His general, under honorable conditions, discharge be upgraded to
honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The Veterans Administration (VA) requested a change from an under
honorable conditions discharge to honorable.
Applicant's appeal is attached at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his enlistment in the Regular Air Force on 24
February 1957. He was promoted to the grade of Airman 3rd Class
(A3C/E-2) with an effective and date of rank of 11 May 1957.
On 6 February 1959, the applicant was convicted of disturbing the
peace and spent 6 days in civil confinement from 20 to 25 February
1959. He received an Article 15 on 30 June 1959 for not reporting to
duty and received two hours extra duty. On 20 March 1960, he received
another Article 15 for not reporting to duty and was reduced in grade
to Basic Airman (E-1). On 9 May 1960, he received his third Article
15 for not reporting to duty and received 2 hours extra duty for two
weeks. The applicant’s record also contains several letters of
indebtedness from both civil and military authorities over the period
of several years as well as records of multiple counseling sessions
regarding the applicant’s financial misconduct.
On 15 June 1960, the applicant was notified that he was being
recommended for discharge due to the Air Force considering him unfit
to serve further. The applicant acknowledged receipt of the discharge
action and waived his right to present statements to a board. He
received a general discharge on 6 July 1960 under the provisions of
AFR 39-17 (Unfitness). The applicant was not recommended for
probation and rehabilitation. He had completed three (3) years, four
(4) months and thirteen (13) days and was serving in the grade of
Basic Airman at the time of discharge.
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial. DPPRS states that based on
documentation in the applicant’s file, the discharge was consistent
with the procedural and substantive requirements of the discharge
regulation at the time. DPPRS states that the applicant submitted no
new evidence nor did he identify any errors in the processing of his
discharge. There were no facts presented warranting a change of the
applicant’s discharge. DPPRS noted also that the request was not
timely.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 3
January 2003 for review and comment 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 probable error or injustice. After careful
consideration of the available evidence, we found no indication that
the actions taken to affect applicant’s discharge for unfitness were
improper or contrary to the provisions of the governing regulations in
effect at the time. In addition, we are not persuaded that the
characterization of the applicant’s discharge warrants an upgrade to
honorable based on the evidence of record regarding financial
mismanagement and three instances of nonjudicial punishment. Having
found no error or injustice with regard to the actions that occurred
while the applicant was a military member, we conclude that no basis
exists to grant favorable action on his request.
___________________________________________________________________
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-
2002-03800 in Executive Session on 23 April 2003, under the provisions
of AFI 36-2603:
Mr. Charles E. Bennett, Panel Chair
Mr. William H. Anderson, Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Dec 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 19 Dec 02.
Exhibit D. Letter, SAF/MRBR, dated 3 Jan 03.
CHARLES E. BENNETT
Panel Chair
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