RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02627
INDEX NUMBER: 100.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to a general (under honorable
conditions) discharge.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
At the time of his discharge, he was young and foolishly fought often,
especially when drinking. He is currently 65 years old and has been a hard
working taxpayer all his life.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 16 February 1956, for a
period of four years.
On 4 May 1959, he received notification that he was being recommended for
discharge due to frequent involvement of a discreditable nature with
military authorities. Specifically, he committed an assault upon a
noncommissioned officer by striking him to the ground with his fists and
then kicking him in the back, and intentionally inflicted grievous bodily
harm, and being drunk and disorderly for which he received two special
courts-martial. He also received two Article 15s for being derict in the
performance of his duties and being absent from a squadron formation. On 2
July 1959, he was discharged under the provisions of AFR 39-17 (Unfitness),
with an undesirable discharge. He had completed a total of 3 years and 10
days of active service (excludes 128 days lost time due to confinement).
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, provided an investigative report which is attached at
Exhibit F.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends the application be denied. AFPC/DPPRS states, in
part, that based upon the documentation in the file, they believe the
discharge was consistent with the procedural and substantive requirements
of the discharge regulation at that time. Additionally, the discharge was
within the sound 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.
The AFPC/DPPRS 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 12 September 2003 for review and response within 30 days. In addition,
on 31 October 2003, a copy of the FBI Report of Investigation was forwarded
to the applicant for review and response. However, as of this date, this
office has received no response.
_________________________________________________________________
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 thoroughly reviewing the
evidence of record and noting the applicant’s complete submission, we find
no evidence of error or injustice. In this respect, we note that the
applicant’s discharge appears to be in compliance with the governing Air
Force Regulation in effect at the time of his separation and he was
afforded all the rights to which entitled. The applicant has provided no
evidence to indicate that his separation due to frequent involvement of a
discreditable nature with military authorities was inappropriate.
Furthermore, the FBI Report of Investigation indicates that since his
discharge, he has continued to be involved with authorities (i.e., forgery,
assault and battery, resisting arrest, aggravated battery with a deadly
weapon, and charges of driving while intoxicated). Therefore, in view of
the above, and in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought.
4. We also find insufficient evidence to warrant a recommendation that the
discharge be upgraded on the basis of clemency. We have considered the
service member's overall quality of service, the events which precipitated
the discharge, and the FBI Investigative Report. On balance, we do not
believe that clemency is warranted.
_________________________________________________________________
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-2003-02627
in Executive Session on 3 December 2003, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Michelle Grace, Member
Mr. Christopher Carey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Aug 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 29 Aug 03.
Exhibit D. Letter, SAF/MRBR, dated 12 Sep 03.
Exhibit E. Letter, AFBCMR, dated 31 Oct 03, w/atchs.
Exhibit F. FBI Report of Investigation.
CHARLENE M. BRADLEY
Panel Chair
AF | BCMR | CY2005 | BC-2005-00289
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00289 INDEX CODE: 110.02 XXXXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 JULY 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general (under honorable conditions). DPPRS states that based upon the documentation in the file, the discharge was...
AF | BCMR | CY2007 | BC-2007-00232_
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00232 INDEX CODE: 110.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 JUL 08 ______________________________________________________________ APPLICANT REQUESTS THAT: His undesirable under other than honorable conditions (UOTHC) discharge (UOTHC) be upgraded. A copy of the report was provided to the applicant for review and response within 30 days. ...
AF | BCMR | CY2003 | BC-2003-00045
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00045 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air...
AF | BCMR | CY2004 | BC-2003-02367
_________________________________________________________________ APPLICANT CONTENDS THAT: The Staff Judge Advocate’s statement concerning his appeal of an Article 15 he received on 17 Jan 85 made reference to another airman who was being discharged at the same time and did not pertain to him. On 26 Feb 85, the office of the Staff Judge Advocate found no errors or irregularities in the discharge case file and recommended that the applicant be furnished a general discharge. On 5 Jun 87, the...
AF | BCMR | CY2003 | BC-2003-02159
___________________________________________________________________ APPLICANT CONTENDS THAT: He had problems during basic training and had to complete three extra months at basic. His grade at the time of discharge was airman basic, with an effective date and date of rank of 16 Jul 69. Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application.
Accordingly, we find that corrective action is appropriate as a matter of equity and on the basis of clemency and recommend the discharge be upgraded to honorable. Exhibit B. CHARLENE M. BRADLEY Panel Chair AFBCMR 99-01084 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NO: 99-00751 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general. Exhibit B. CHARLENE M. BRADLEY Panel Chair AFBCMR 99-00751 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of...
AF | BCMR | CY2003 | BC-2002-02318
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-02318 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to an honorable discharge, or in the alternative, a general (under honorable conditions) discharge. The AFPC/DPPRS evaluation is at Exhibit...
Applicant’s request is at Exhibit A. ___________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of probable 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. Exhibit E. Letter,...
On 21 Feb 57, the applicant was discharged from the Air Force in the grade of airman basic under the provisions of AFR 39-17 (Unfitness) with an undesirable discharge. AIR FORCE EVALUATION: The Military Personnel Management Specialist, AFPC/DPPRS, reviewed this application and indicated that the applicant did not identify any specific errors in the discharge proceedings nor provide facts warranting an upgrade of the discharge he received. Exhibit B.