RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00743
INDEX NUMBER: 110.00
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When he committed the offenses that led to his discharge, he was a
young man and made some immature mistakes.
He has been married for the past 45 years and has four adult children.
He has been a good father and husband.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 31 Jan 55. He was discharged on
8 Feb 57 for the following offenses:
a. Tried by special court martial for failure to go on 9
and 11 Apr 56 to his appointed place of duty, failure to obey the
lawful order of an officer on 10 Apr 56, wrongfully appeared without
insignia on his uniform on 9 Apr 56, and unclean room on 9 Apr 56.
Applicant was sentenced to confinement at hard labor for three months
and to forfeit $55.00 pay per month for three months.
b. Tried by special court martial for being absent without
leave (AWOL) from 28 Jul 56 to 19 Aug 56. Applicant was sentenced to
six months of hard labor and to forfeit $55.00 pay per month for six
months.
The applicant received an undesirable discharge.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 19 Apr 04, that, on the basis of data
furnished, they are unable to locate an arrest record (Exhibit E).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial of the applicant’s request. Based on the
documentation in the applicant’s master personnel records, his
discharge was consistent with the procedural and substantive
requirements of the discharge regulation. The Air Force Discharge
Review Board previously reviewed all evidence of record and concluded
that a change in the type or nature of his discharge was not
warranted.
The complete 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 2
Apr 04 for review and comment within 30 days. To date, a response has
not been received.
_________________________________________________________________
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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. However, we note that the applicant failed to
provide information and evidence of his post-service activities.
Should he do so, it may provide the Board a basis to consider granting
his request based on clemency. Therefore, in the absence of evidence
to the contrary, we find no compelling basis to recommend granting the
relief sought in 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 Docket Number BC-2004-
00743 in Executive Session on 24 June 2004, under the provisions of
AFI 36-2603:
Mr. Laurence M. Groner, Panel Chair
Ms. Kathleen F. Graham, Member
Mr. John B. Hennessey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Mar 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPRS, dated 29 Mar 04.
Exhibit D. Letter, SAF/MRBR, dated 2 Apr 04.
Exhibit E. FBI Report, dated 19 Apr 04.
LAURENCE M. GRONER
Panel Chair
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