ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02190
INDEX CODE 106.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His appeal to have his 1957 general discharge upgraded to honorable be
reconsidered.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s military records with regard to the discharge were
scant. The available records revealed he enlisted in the Regular Air
Force on 29 Aug 55 for four years. On 23 Oct 56, he pled guilty and
was found guilty by a Summary Court-Martial (SCM) of failure to go to
his place of duty on 20 and 22 Oct 56. He was confined to hard labor
for one month and forfeited $30.00. On 26 Oct 56, he was reduced from
airman third class to airman basic for misconduct/inefficiency. An
undated memo by the applicant’s commander reported that his efficiency
was satisfactory and his character was good; however, he was not
always prompt for work, had a tendency to be late for formations,
required maximum supervision, and needed constant instructions on
maintaining military appearance and orderly quarters. On 18 Sep 57,
the discharge authority ordered a general discharge. On 25 Sep 57,
after two years and seven days of active service, the applicant was
released from active duty for the convenience of the government with a
general characterization and transferred to the Air Force Reserves.
In Jul 03, the applicant appealed to the Board for an honorable
discharge. Pursuant to the AFBCMR Staff’s invitation for post-service
information, the applicant provided letters from a cousin and a former
employer.
An FBI Report revealed a 1963 Arrest 001 for weapons possession with
no disposition indicated, a 1964 Arrest 002 for unauthorized use of a
vehicle with 60 days’ confinement and ten months’ probation, a 1982
Arrest 003 for assault and weapon possession with remand to a lower
court, and a 1998 Arrest 004 for simple assault, which was dismissed.
A copy of the FBI Report was forwarded to the applicant in accordance
with standard procedures but he provided no response.
On 2 Oct 03, the Board denied the applicant’s appeal on the basis he
had not demonstrated the discharge was unjust or improper and his
misconduct had continued after his discharge. The Board concluded his
military and post-service transgressions where not overcome by his
sparse submission and therefore relief on the grounds of merit or
clemency was not warranted.
For an accounting of the facts and circumstances surrounding the
applicant’s separation and the rationale of the earlier decision by
the Board, see the Record of Proceedings at Exhibit I.
The applicant now requests reconsideration. He provides a letter from
the Municipal Court of the City of Newark advising that the 1963
Arrest 001 reflected on a NJ Criminal History Detailed Record (and
also on the FBI Report) was dismissed. The applicant further alleges
the 1982 Arrest 003 that appears on both the NJ and FBI Reports was
also dismissed; however, he provides no evidence of this.
The NJ and FBI Reports did not indicate the disposition of the 1963
Arrest 001. Both reports indicated the 1983 Arrest 003 was remanded to
a lower court. Further, the NJ Report included the 1964 Arrest 002 and
1968 Arrest 004, which were also reflected on the FBI Report.
The applicant’s complete submission, with attachments, is at Exhibit
J.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
We noted the Newark Municipal Court letter indicating the 1963 arrest
for weapons possession had been dismissed. The applicant provided no
evidence other than his assertion that the 1982 arrest for assault and
weapon possession was also dismissed. Even if it had been, the fact
remains he continued his misconduct as evidenced by the 1964 arrest
for unauthorized use of a vehicle, with 60 days’ confinement and ten
months’ probation. He also was arrested in 1968 for simple assault,
which was dismissed. The applicant’s scant post-service information
and repeated run-ins with the law have not shown him to be a law-
abiding and productive member of society. Having failed to establish
either an error or injustice with regard to his discharge or a
sufficient basis for clemency, we do not feel compelled to overturn
our original conclusion that the applicant’s request for an honorable
discharge should be denied.
_________________________________________________________________
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 this application in
Executive Session on 13 February 2004, under the provisions of AFI 36-
2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Laurence M. Groner, Member
Mr. J. Dean Yount, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2003-02190 was considered:
Exhibit I. Record of Proceedings, dated 30 Oct 03, w/atchs.
Exhibit J. Applicant's Letter, dated 11 Dec 03, w/atchs.
WAYNE R. GRACIE
Panel Chair
AF | BCMR | CY2003 | BC-2003-02190
The applicant’s complete submission is at Exhibit A. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Washington, D.C., provided an investigative report, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS believes the 25 Sep 57 general discharge was consistent with the discharge regulation in effect at the time and within the discretion of the discharge authority. They believe the...
AF | BCMR | CY2006 | BC-2006-00457
One previous conviction was considered in this case. He was credited with 2 years, 4 months, and 3 days of active military service (excludes 151 days lost time due to confinement). The discharge was within the discretion of the discharge authority.
AF | BCMR | CY2005 | BC-2004-02930
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02930 INDEX CODE 106.00 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His 1958 under-other-than-honorable-conditions (UOTHC) discharge be upgraded to general. Given the lack of an FBI arrest record, we would have been willing to consider the applicant’s request on the basis of clemency. Exhibit D....
AF | BCMR | CY2005 | BC-2005-00723
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00723 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 3 SEP 2006 ___________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to honorable. They found the discharge was consistent with the procedural and substantive requirements of the discharge regulation. Exhibit B.
Applicant’s contention is at odds with the facts provided by his record. _________________________________________________________________ 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...
ARMY | BCMR | CY1997 | 199711063C070209
BOARD DATE: 15 April 1998 DOCKET NUMBER: AC97-11063 I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to...
ARMY | BCMR | CY1997 | 199711063
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: On 6 December 1977 and 27 November 1979 the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.
AF | BCMR | CY2007 | BC-2007-02065
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02065 INDEX CODE: 106.00 XXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 29 December 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions discharge be upgraded to honorable. He is proud to say he has a loving and devoted wife, family members, children, and...
AF | BCMR | CY2006 | BC-2006-02771
_________________________________________________________________ APPLICANT CONTENDS THAT: He was told by his commanding officer and base commander that he was receiving an AFR 39-16 undesirable discharge due to a civil court action. Additionally, applicant had the following derogatory information on file in the master personnel record: (1) On 28 May 1962, applicant received an Article 15 for being found guilty of hit and run by the Biloxi Police. The discharge authority approved the...
AF | BCMR | CY2003 | BC-2003-00331
Upon review, the discharge authority stated the member’s behavior was too serious to warrant a general discharge and ordered a UOTHC discharge without P&R. On 17 November 1982, the Air Force Discharge Review Board denied the applicant’s request for upgrade of his discharge. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that at the time...