Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-02105
Original file (BC-2003-02105.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02105

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He needs help from the VA hospital due to his bad health.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 26 November  1951  for  a
term of four years.  He was discharged from the Air Force on 8 October  1954
under the provisions of AFR 39-17 (unfitness) and  received  an  undesirable
discharge.  He served 2 years,  10  months  and  13  days  of  total  active
military service.

On  13  August  1954,  the  applicant’s  commander  notified  him   he   was
recommending him to appear before a Board  of  Officers.   Action  had  been
initiated by  his  former  commander,  but  was  not  completed  before  his
departure due to a delay in obtaining supporting documents.   Applicant  was
convicted  by  a  civil  court  on  charges  of  unlawful  cohabitation  and
sentenced to 30 days in county jail.  He received two Articles  15  in  July
and August 1954 for failure to repair and was convicted by a Summary  Court-
Martial on       12 August 1954 for failure to go on 11 August 1954  to  his
appointed place of duty.  He was confined at hard  labor  for  30  days  and
forfeiture of $34.  After consultation with legal  counsel,  he  waived  his
entitlement to appear before a Board and requested discharge.  He stated  he
understood he could receive an under  other  than  honorable  discharge  and
subsequently may not be eligible for benefits as a Veteran.   The  Discharge
Authority approved  the  discharge  on  4  September  1954  and  ordered  an
undesirable discharge.  He had 53 days of lost time.

_________________________________________________________________

AFPC/DPPRS recommended denial.  Based upon the documentation  in  the  file,
they  believe  the  discharge  was  consistent  with  the   procedural   and
substantive requirements of the  discharge  regulation.   Additionally,  the
discharge was  within  the  discretion  of  the  discharge  authority.   The
applicant did not  submit  any  new  evidence  or  identify  any  errors  or
injustices that occurred in the discharge processing.  He provided no  facts
warranting an upgrade of his discharge.  Accordingly, DPPRS  recommends  his
records remain the same.  He has not filed a timely request.

AFPC/DPPRS complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 22 July 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.      After  a  thorough  review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded  that
his  discharge  should  be  upgraded.   We  find  no  impropriety   in   the
characterization of the applicant's discharge.  It appears that  responsible
officials applied appropriate standards in effecting the separation, and  we
do not find persuasive evidence that pertinent regulations were violated  or
that the applicant was not afforded all the rights to
which entitled at the time of discharge.  We conclude, therefore,  that  the
discharge proceedings were proper and characterization of the discharge  was
appropriate to the existing circumstances.

_________________________________________________________________

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  Docket  Number  BC-2003-02105
in Executive Session on 3 September 2003, under the provisions  of  AFI  36-
2603:

                 Ms. Brenda L. Romine, Panel Chair
                 Mr. Jackson A. Hauslein, Member
                 Mr. James W. Russell, III, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 18 Jun 03, w/atchs.
      Exhibit B. Available Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 22 Jul 03.
      Exhibit D. Letter, SAF/MRBR, dated 1 Aug 03.






      BRENDA L. ROMINE
      Panel Chair

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-01482

    Original file (BC-2003-01482.doc) Auto-classification: Denied

    He received an honorable discharge on May 20, 1957 in order to reenlist in the Air Force at which time he corrected his date of birth. He was discharged as an A/2c and was told that he would receive a general discharge. Based on documentation provided by the applicant, he was discharged on 29 May 1958 with an undesirable discharge.

  • AF | BCMR | CY2003 | BC-2003-02160

    Original file (BC-2003-02160.doc) Auto-classification: Denied

    The Discharge Authority approved the discharge on 25 October 1973 and ordered a general (under honorable conditions) discharge. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that the findings of the Administrative Discharge Board should be set aside and his discharge upgraded to honorable. _________________________________________________________________ The following members of the Board considered Docket Number BC-2003- 02160 in...

  • AF | BCMR | CY2004 | BC-2003-02427

    Original file (BC-2003-02427.doc) Auto-classification: Denied

    On 3 Jun 82, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request for an upgrade of his discharge to general or honorable. On 30 Aug 82, a similar appeal was considered and denied by the Board (see Record of Proceedings at Exhibit C). A complete copy of the Air Force evaluation is at Exhibit E. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In the applicant’s response to the evaluation,...

  • AF | BCMR | CY2003 | BC-2003-00588

    Original file (BC-2003-00588.doc) Auto-classification: Denied

    The DPPRS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluation and the FBI report were forwarded to the applicant on 21 March 2003 and 21 April 2003 for review and comment (Exhibits D and G). Exhibit B. Exhibit F. FBI Record MD0SI0100, dated 8 Apr 03.

  • AF | BCMR | CY2003 | BC-2003-00148

    Original file (BC-2003-00148.doc) Auto-classification: Denied

    On 18 October 1957, the discharge authority approved the recommended separation and directed that the applicant be discharged with an undesirable discharge. He had served 2 years and 24 days on active duty. Additionally, the discharge was within the discretion of the discharge authority.

  • AF | BCMR | CY2003 | BC-2002-02153

    Original file (BC-2002-02153.doc) Auto-classification: Denied

    Based on the limited documentation in the applicant’s file, they found that the discharge was consistent with the procedural and substantive requirements of the discharge regulation in effect at the time of his discharge. The complete Air Force evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 22 Aug 03 for review and comment within...

  • AF | BCMR | CY2003 | BC-2003-01204

    Original file (BC-2003-01204.doc) Auto-classification: Denied

    Also USPS says that they have no record of his military time. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS deferred to the Board to determine if the applicant should be granted relief based on limited supporting documentation in his record. Exhibit C. Letter, SAF/MRBR, dated 25 Jul 03.

  • AF | BCMR | CY2003 | BC-2003-02655

    Original file (BC-2003-02655.doc) Auto-classification: Denied

    On 13 Aug 70, the base commander recommended approval of an undesirable discharge. On 18 Aug 70, the discharge authority approved an undesirable discharge and directed that the applicant be issued a DD Form 258AF, “Undesirable Discharge Certificate.” On 24 Aug 70, applicant was discharged under the provisions of AFM 39-12, with service characterized as other than honorable. Having found insufficient evidence of an error or injustice with regard to the actions that occurred while...

  • AF | BCMR | CY2003 | BC-2003-01860

    Original file (BC-2003-01860.doc) Auto-classification: Approved

    Members of the Board, Ms. Brenda L. Romine, Ms. Barbara J. White- Olson and Ms. Marcia J. Bachman, considered this application on 13 August 2003. BRENDA L. ROMINE Panel Chair Attachments: 1. FBI Report AFBCMR BC-2003-01860 INDEX CODE: 110.00 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code, Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board...

  • AF | BCMR | CY2003 | bc-2003-02394

    Original file (bc-2003-02394.doc) Auto-classification: Denied

    He was honorably discharged from the DEP on 12 April 1967, after completing 3 months and 3 days of inactive service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends the application be denied and states, in part, that unfortunately the applicant cannot be credited with time he did not serve. The AFPC/DPPRS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE...