RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-04016
INDEX CODE: 110.02
COUNSEL: Jerry Berry
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He never received a discharge-separation and therefore was unaware of
the type of discharge. Applicant contends that he had to be told that
he had an other than honorable discharge.
Applicant’s appeal is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 10 Jan 61. He was
progressively promoted to the grade of Airman 3rd Class (A3C/E-2) with
an effective date and date of rank of 5 Apr 61.
The applicant was found guilty on 25 Jun 62, by Summary Court Martial,
of loitering on sentinel duty. He was restricted to base for 30 days
and fined $55. On 7 September 1962, he was found guilty by Special
Court Martial of stealing and attempting to steal on three different
occasions. He was confined at hard labor for 90 days, fined $50 per
month for 3 months, and reduced in grade to Airman Basic (AB/E-1).
Applicant was found guilty by Summary Court Martial on 13 Feb 63 for
failure to report for duty. He was confined to 30 days of hard labor
and fined $40.
On 24 Jan 63, the applicant received notification that he was being
recommended for discharge due to frequent involvement of a
discreditable nature with military/civil authorities. He received an
undesirable discharge on 2 April 1963 under the provisions of AFR 39-
10, Unfitness. He had completed a total of 1 year, 11 months and 11
days of active service. He also had 101 days of lost time. He was
serving in the grade of AB at the time of discharge. His commander
did not recommend Probation and Rehabilitation.
The applicant acknowledged his commander’s discharge recommendation.
He waived his right to present matters before a board and his right to
a hearing but provided a statement on 13 February 1963 requesting a
lesser discharge than undesirable.
The applicant appealed to the Discharge Review Board (DRB) to upgrade
his discharge. The DRB denied the applicant’s request finding no
compelling reason to upgrade the discharge. (Exhibit B)
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial. DPPRS states that the applicant
provided no new information or evidence, nor did he present facts of
any errors or injustices that occurred during the processing of his
discharge. DPPRS states also that the discharge was within the
discretion of the discharge authority and was consistent with the
procedural and substantive requirements of discharge directives of the
time.
AFPC/DPPRS 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
24 January 2003 for review and comment within 30 days. As of this
date, there has been no response 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 the grounds on
which the initial determination of unfitness was made. 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-
2002-04016 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, 16 Dec 02.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 16 Jan 03.
Exhibit D. Letter, SAF/MRBR, dated 24 Jan 03.
CHARLES E. BENNETT
Panel Chair
The diagnosis was defective attitude with no evidence of classifiable psychiatric disease. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded his general discharge should be upgraded to honorable. Exhibit D. Letter, SAF/MRBR, dated 30 Aug 02 Exhibit E. Letter, Applicant, dated 6 Sep 02.
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