RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00970
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:
While he does not disagree with the original discharge he was not
aware that he could request an upgrade until this year. He states
that in 1956 his mother and father passed away leaving a fourteen-year-
old son; the applicant’s brother. After being passed around from
place to place, his brother asked him for help. He did not give his
sibling’s care as a reason for wanting out of the Air Force but he did
feel responsible for taking care of his brother. The discharge has
haunted him since he received it.
In support of his appeal, he has included copies of his DD Form 293
and DD Form 214. His appeal, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 17 March 1955. He
was progressively promoted to the grade of Airman Third Class (A3C/E-
2) with an effective and date of rank of 3 June 1955.
On 3 April 1958, applicant received an Article 15 for failure to
repair. He was restricted to MacDill AFB for 2 weeks. It was also
noted that the applicant was counseled numerous times because he
refused to work, he was unable to accomplish simple tasks and other
assignments were either not done satisfactorily or were untimely. He
was counseled on his unsatisfactory appearance and general refusal to
obey orders.
On 11 April 1958, he was notified that his commander was recommending
him for discharge under the auspices of Air Force Regulation (AFR) 39-
16, Attrition, Inaptitude, or Unsuitability. On 19 June 1958, he
received a general discharge with service characterization of under
honorable conditions. He had served a total of 3 years, 3 months and
3 days and was serving in the grade of A3C at the time of discharge.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial noting that the applicant did not
identify any errors or injustices during the processing of his
discharge. DPPRS states that the discharge was consistent with the
procedural and substantive requirements of the discharge regulation of
the day and that it was within the discretionary power of the
discharge authority.
DPPRS’s 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
18 April 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 an error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. Therefore, in the absence of 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-
2003-00970 in Executive Session on 5 June 2003, under the provisions
of AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Ms. Kathleen F. Graham, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Mar 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 11 Apr 03.
Exhibit D. Letter, SAF/MRBR, dated 18 Apr 03.
ROBERT S. BOYD
Panel Chair
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