Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-04098
Original file (BC-2003-04098.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS


         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04098
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable  conditions)  discharge  be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

No error occurred in his discharge, but he is requesting an upgrade to
honorable.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered  into  the  Air  Force  on  24  July  1963.   On
14 October 1965, he  was  notified  by  his  commander,  that  he  was
recommending he be discharged under the provisions of AFR 39-16.   The
basis for this action was his  defective  attitude  and  inability  to
expend effort constructively.  He acknowledged receipt of notification
for discharge, on 14 October 1965.  On 21 October 1965, he declined to
rebut  the  recommendation  for  discharge  and  declined  to   submit
statements in his behalf.  The base legal office found  the  case  was
legally sufficient to support  discharge.   On  21 October  1965,  the
applicant was discharged  under  the  provisions  of  AFR  39-16,  and
received a general (under honorable conditions) discharge.  He  served
a total of two years, three  months,  and  six  days  of  active  duty
service.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on 27 February 2004, that on  the  basis  of
the data furnished they were unable to locate an arrest record.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based on the documentation on  file  in
the master personnel records, the discharge was  consistent  with  the
procedural and substantive requirements of the  discharge  regulation.
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 other facts warranting an upgrade of his discharge.

The 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 6
Feb 04, for review and comment within 30 days.  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 an error or injustice to warrant changing his general
(under honorable conditions)  discharge  to  honorable.   We  find  no
impropriety in the  characterization  of  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 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.

4.  The applicant appears to have  requested  that  his  discharge  be
upgraded based on clemency consideration.  However, applicant has  not
provided  sufficient  information  of  post-service   activities   and
accomplishments for us to conclude that  applicant  has  overcome  the
behavioral traits,  which  caused  the  discharge.   Should  applicant
provide statements from community leaders and acquaintances  attesting
to applicant's good character and reputation  and  other  evidence  of
successful post-service rehabilitation,  this  Board  will  reconsider
this case based on the new evidence.  We  cannot,  however,  recommend
approval based on the current evidence of record.

_________________________________________________________________

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-
04098 in Executive Session on 30 March 2004, under the  provisions  of
AFI 36-2603:

                 Mr. Frederick R. Beaman III, Panel Chair
                 Mr. Michael J. Maglio, Member
                 Ms. Martha J. Evans, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 12 May 03.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 29 Jan 04.
      Exhibit D. Letter, SAF/MRBR, dated 6 Feb 04.





      FREDERICK R. BEAMAN III
      Panel Chair

Similar Decisions

  • AF | BCMR | CY2004 | BC-2003-03964

    Original file (BC-2003-03964.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03964 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. The AFPC/DPPRS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A...

  • AF | BCMR | CY2001 | 0101306

    Original file (0101306.doc) Auto-classification: Denied

    DPPRS stated that, based upon the documentation in the file, applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation and that the discharge was within the sound discretion of the discharge authority. We thoroughly reviewed applicant’s entire record and the circumstances surrounding the discharge and we find the evidence of record supports his discharge for misconduct (pattern of minor disciplinary infractions). We have noted the...

  • AF | BCMR | CY2005 | BC-2005-00467

    Original file (BC-2005-00467.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00467 INDEX CODE: 110.00 XXXXXXXXXXX COUNSEL: NONE XXXXXXXXXXXX HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 13 AUGUST 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. He was reduced to the grade of airman basic with a date of rank of 20 September...

  • AF | BCMR | CY2004 | BC-2003-03917

    Original file (BC-2003-03917.doc) Auto-classification: Denied

    On 14 February 1974, he requested discharge for the good of the service. The Air Force Discharge Review Board (AFDRB) reviewed and considered the applicant’s case for change of his discharge and concluded that a change was not warranted. We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.

  • AF | BCMR | CY2005 | BC-2005-00289

    Original file (BC-2005-00289.doc) Auto-classification: Denied

    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 | CY2004 | BC-2003-02794

    Original file (BC-2003-02794.doc) Auto-classification: Approved

    On 4 February 2004, a new DD Form 214, Certificate of Release or Discharge from Active Duty was issued to the applicant changing the narrative reason for separation to “Secretarial Authority.” _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends changing the narrative reason for separation to Secretarial Authority, but denial of the RE code change request. ...

  • AF | BCMR | CY2004 | BC-2003-01130

    Original file (BC-2003-01130.doc) Auto-classification: Denied

    Had he known a twice nonselect for promotion and subsequent involuntary separation would have precluded him from ever becoming an officer in the military again, including the National Guard, he would never have waited for the second nonselect. The applicant was considered but not selected for promotion to the grade of major by the Calendar Year 1991A (CY91A) and CY92C promotion boards. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded...

  • AF | BCMR | CY2005 | BC-2005-00519

    Original file (BC-2005-00519.doc) Auto-classification: Approved

    He had served 2 years, 4 months and 26 days on active duty. As of this date, this office has received no response (Exhibit E). He then took a job driving a paver for a construction company and also worked part- time doing security.

  • AF | BCMR | CY2005 | BC-2004-01138

    Original file (BC-2004-01138.doc) Auto-classification: Denied

    He completed a total of 1 year, 10 months, and 26 days of active service and was serving in the grade of airman (E-2) at the time of discharge. In view of this, and since the applicant demonstrated his ability to lose weight in the initial phase of the WMP, we agree with the opinion and recommendation of the BCMR Medical Consultant and adopt his rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. ...

  • AF | BCMR | CY2004 | BC-2003-02041

    Original file (BC-2003-02041.doc) Auto-classification: Approved

    On or about 26 July 2000, he changed his response to this question to a “yes” on his security questionnaire. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS reviewed this case and recommended denial. After reviewing the evidence of record, we believe that the RE code issued at the time of separation was accurate.