Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-02986
Original file (BC-2003-02986.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02986
            INDEX CODE:  110.00
            COUNSEL:  None

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  undesirable  discharge  be  upgraded   to   general   under   honorable
conditions.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has been a good citizen and has not been in trouble since his  discharge.
 He has never been arrested for drunk driving.  He attends extra  curricular
school activities for his sons and also for his four grandchildren.   He  is
involved with his community and has run for city council.  For the past  two
years, he has been working part-time as a security guard and is regarded  as
being reliable.  He is very sorry for his actions while in  the  Air  Force.
He would like to tell his children and grandchildren that he was not  a  bad
person, but was a little headstrong when he was growing up.  He regrets  his
actions deeply and has learned by his mistakes.

In support of his appeal, applicant submits a personal statement and a  copy
of his DD  Form  214.   Applicant’s  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant’s  records  were   lost   or   destroyed   and   efforts   at
reconstruction have been, for the most part,  unsuccessful.   The  following
is the only known information pertaining to the applicant's service and  was
extracted from the document provided by the applicant.

The applicant enlisted in the Regular Air Force on 17 September 1951  for  a
period of four years.   On  4  March  1955,  he  was  discharged  under  the
provisions  of  AFR  39-17,  for  unfitness  and  received  an   undesirable
discharge.  He  was  credited  with  2  years,  8  months  and  10  days  of
continental service and 11 months and 21 days of foreign  service.   He  had
281 days of lost time.

Pursuant  to  the  Board’s  request,  the  FBI  provided  a  copy   of   an
Investigative Report, No. 871235B, which is at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

Due to the applicant’s  records  being  lost  or  destroyed,  an  Air  Force
evaluation could not be rendered.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 January 2004, a letter was forwarded to applicant  suggesting  that  he
consider providing evidence pertaining to his post-service  activities.   As
of this date, this office has received no response (see Exhibit C).

On 13 January 2004, a copy of the FBI report was forwarded to the  applicant
for review and comment.  As of  this  date,  this  office  has  received  no
response (see Exhibit D).

_________________________________________________________________

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  error  or  injustice.   It  appears  that  under  the   given
circumstances  at  that  time,  responsible  officials  applied  appropriate
standards in effecting his discharge action.  Applicant’s  contentions  were
duly noted.  However, based on the short period of time he served on  active
duty, the excessive amount of time lost to the government  and  the  limited
evidence provided, approval of the requested relief is  not  warranted.   In
addition, an FBI record provided information  pertaining  to  the  applicant
indicating recent involvement with law enforcement authorities.  In view  of
this fact and in the absence of more expansive  evidence  by  the  applicant
attesting to a successful post-service adjustment in  the  years  after  his
last  involvement  with  civil  law  enforcement  authorities,  we  are  not
inclined to extend clemency in this case.

_________________________________________________________________




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.

_________________________________________________________________

The following members of the Board considered this application in Executive
Session on 12 February 2004, under the provisions of AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Ms. Barbara R. Murray, Member
      Mr. David C. Van Gasbeck, Member



The following documentary evidence for AFBCMR  Docket  Number  02-02005  was
considered:

     Exhibit A.  DD Form 149, dated 28 Aug 03, w/atchs.
     Exhibit B.  FBI Report, dated 5 Jan 04.
     Exhibit C.  Letter, AFBCMR, dated 8 Jan 04.
     Exhibit D.  Letter, AFBCMR, dated 13 Jan 04.




                                  BRENDA L. ROMINE
                                  Panel Chair

Similar Decisions

  • AF | BCMR | CY2004 | BC-2004-00447

    Original file (BC-2004-00447.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00447 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to an honorable discharge. They defer to the Board to determine if the applicant should be granted relief based on limited supporting documentation on file in the master personnel records. On...

  • 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-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 | CY2004 | BC-2004-00992

    Original file (BC-2004-00992.DOC) Auto-classification: Denied

    A general discharge was recommended. The discharge authority approved his request and directed that he be discharged for the good of the service and that he be furnished an Undesirable Discharge certificate. His request was considered and denied by the AFBCMR on 15 Mar 73 (Exhibit A).

  • AF | BCMR | CY2005 | BC-2004-03760

    Original file (BC-2004-03760.doc) Auto-classification: Approved

    Based on the available documentation the following facts are provided. Now he would like to upgrade his service record. Applicant's complete response, with attachments, is at Exhibit E. Applicant provided a statement in regards to his FBI Report stating after 1961 he found a good job and has straightened his life out.

  • AF | BCMR | CY2004 | BC-2004-00361

    Original file (BC-2004-00361.doc) Auto-classification: Approved

    At that time, the applicant was also invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit F). The majority of the Board finds no evidence of error in this case and after thoroughly reviewing the evidence of record, they do not believe the applicant has suffered an injustice. Exhibit F. Letter, AFBCMR, dated 26 Apr 04, w/atchs.

  • AF | BCMR | CY2004 | BC-2003-03770

    Original file (BC-2003-03770.doc) Auto-classification: Denied

    On 2 May 57, the US Air Force Board of Review affirmed the findings of guilty and the sentence. On 16 Sep 57, the convening authority mitigated the dishonorable discharge to a bad conduct discharge and he was discharged under the provisions of AFR 39-18 with a bad conduct discharge in the grade of airman basic, with service characterized as under other than honorable conditions. A complete copy of the evaluation is at Exhibit...

  • AF | BCMR | CY2001 | 0102121

    Original file (0102121.doc) Auto-classification: Approved

    The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force. Pursuant to the Board’s request, the Federal Bureau of Investigation provided a copy of an Investigative Report (FBI No. Exhibit D. FBI Investigation Report #890324C Exhibit E. Letter, SAF/MIBR, dated 24 Aug 01, and AFBCMR, dated 19 Sep 01.

  • 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-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...