RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00261
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and was having financial problems and hanging with the wrong
crowd.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant's military personnel records were destroyed by fire in 1973.
Therefore, the facts surrounding his separation cannot be verified. Data
extracted from his reconstructed records reflects that he enlisted in the
Regular Force on 14 October 1956, was discharged on 7 July 1960, and issued
an under other than honorable conditions (UOTHC) discharge.
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.
On 19 April 2004, the Board staff requested the applicant provide
information regarding his post service activities. As of this date, no
response has been received by this office (Exhibit D).
On 30 April 2004, the Board staff provided the applicant a copy of the FBI
report for his review and comments. The applicant did not respond.
_________________________________________________________________
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. Based upon the presumption of regularity
in the conduct of governmental affairs and without evidence to the
contrary, we must assume that the applicant's discharge was proper and in
compliance with appropriate directives. The only other basis upon which to
upgrade his discharge would be based on clemency. The applicant was
requested to provide documentation of his post service activities. He did
not respond. Therefore, based on the available evidence of record, we find
no basis upon which to favorably consider this application.
_________________________________________________________________
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-2004-
00261 in Executive Session on 15 June 2004, under the provisions of AFI 36-
2603:
Mr. John L. Robuck, Panel Chair
Mr. James E. Short, Member
Mr. Albert C. Ellett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Jan 04.
Exhibit B. Applicant's Reconstructed Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 19 Apr 04, w/atch.
Exhibit E. Letter, AFBCMR, dated 30 Apr 04, w/atch.
JOHN L. ROBUCK
Panel Chair
AF | BCMR | CY2004 | BC-2004-00282
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00282 INDEX CODE: 110.02 XXXXXXXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general. We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of applicant's appeal,...
On 7 May 54, he received an undesirable discharge from the Air Force. By letter dated 27 August 2001, it was requested that the applicant provide evidence pertaining to his post-service activities (Exhibit G). Exhibit B.
AF | BCMR | CY2004 | BC-2004-00030
On 17 April 1972, the applicant’s commander forwarded the request to the group commander, recommending approval of the applicant’s request for discharge. He had served 1 year, 6 months and 17 days on active duty. The applicant has provided no evidence indicating the information in the discharge case file was erroneous, his substantial rights were violated, or that his commanders abused their discretionary authority.
AF | BCMR | CY2004 | BC-2004-01232
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01232 INDEX CODE: 110.02 COUNSEL: DAV HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions discharge be upgraded to honorable. Exhibit C. Letter, AFPC/DPPRS, dtd 11 May 04. Exhibit D. Letter, SAF/MRBR, dtd 14 May 04.
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....
On 12 Apr 78, the Air Force Discharge Review Board denied an appeal from the applicant to upgrade his discharge. _______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends denial of the applicant’s request. The complete evaluation is at Exhibit C. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant indicates in his response that the Air Force evaluation contained an error,...
AF | BCMR | CY2004 | BC-2004-01209
INDEX CODE: 100.03 AFBCMR BC-2004-01209 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in the...
AF | BCMR | CY2004 | BC-2004-00064
In response to the FBI report, the applicant submits a personal statement, a copy of a Final Discharge order issued by the State of Utah, and an additional personal statement that restates his request, which are at Exhibit H. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to...
AF | BCMR | CY2004 | BC-2004-00390
Applicant was discharged on 17 Jun 72, in the grade of airman first class, under the provisions of AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program (unsuitability), and received an under honorable conditions (general) discharge. He served on active duty for a period of 2 years, 9 months, and 26 days. A complete copy of the Air Force evaluation is at Exhibit...
AF | BCMR | CY2003 | BC-2003-01484
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01484 INDEX CODE: 110.00 COUNSEL: Disabled American Veterans HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge. A complete copy of the Air Force evaluation is attached at Exhibit...