RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1973-700
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge be upgraded to general
(under honorable conditions).
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 26 Nov 65. He was
progressively promoted to the grade of airman second class, having assumed
that grade effective and with a date of rank of 1 Oct 66.
On 24 Jul 68, his commander recommended he be discharged under the
provisions of AFM 39-12 due to frequent involvement of a discreditable
nature. Specifically, he received an Article 15 on 15 Jan 67, for stealing
a carburetor; on 25 Oct 67, a letter was received for failure to liquidate
a private indebtedness; he received Article 15 punishment on 2 Jul 68, for
possession of pistol; and he received Article 15 punishment on 5 Jul 68,
for being drunk on station. A general discharge was recommended. The
applicant waived his right to a board hearing on the basis of a general
discharge recommendation.
Because of subsequent misconduct, his commander recommended that he be
discharged as undesirable for unfitness. The base staff judge advocate
found the case legally sufficient and concurred with the recommendation.
During the course of his discharge processing, he assaulted and cut an
airman with a razor, was apprehended by civilian authorities for black
market violations, and was absent without leave from 11 Aug 68 through 12
Aug 68. In addition, the applicant received numerous counselings for
tardiness and counseling for refusal to obey a lawful order. The applicant
requested discharge for the good of the service in lieu of court-martial
for the assault incident. 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. Applicant was discharged
on 20 Sep 68. He served 2 years, 9 months, and 25 days on active duty.
On 26 Feb 73, the Air Force Discharge Review Board considered and denied
his request for upgrade of discharge and change of his reenlistment
eligibility. His request was considered and denied by the AFBCMR on 15 Mar
73 (Exhibit A).
In his most recent submission, applicant contends he waived his right to a
board hearing on the condition he receive a general discharge. In support
of his request, applicant provided a personal resume, training certificates
and character references. His complete submission is at Exhibit B.
Pursuant to the Board's request, the Federal Bureau of Investigation
provided an investigative report pertaining to the applicant, which is
appended at Exhibit E.
_________________________________________________________________
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. After careful consideration of the
applicant's request and the available evidence of record, we see no
evidence of an error or injustice that would warrant a change in the
characterization of his service. We are not persuaded by his contentions
that his discharge was improper, unjust or that he was denied rights to
which he was entitled. In our opinion, given the multiplicity of the
offenses he committed against the good order and discipline of the service,
and the short period of time in which he served, the characterization of
his discharge was in compliance with the appropriate directives.
Therefore. in the absence of persuasive evidence to the contrary, we find
no basis upon which to recommend favorable consideration of his request.
_________________________________________________________________
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-1973-
700 in Executive Session on 30 Jun 04, under the provisions of AFI 36-2603:
Ms. Brenda L. Romine, Panel Chair
Mr. Vance E. Lineberger, Member
Ms. Jean A. Reynolds, Member
The following documentary evidence was considered:
Exhibit A. Letter, SAF/CB, dated 22 Mar 73, w/atchs.
Exhibit B. DD Form 149, dated 22 Mar 04, w/atchs.
Exhibit C. Applicant's Master Personnel Records.
Exhibit D. Letter, SAF/MRBC, dated 6 May 04.
Exhibit E. FBI Investigative Report, dated 13 May 04.
Exhibit F. Letter, SAF/MRBC, dated 13 May 04.
BRENDA L. ROMINE
Panel Chair
AF | BCMR | CY2003 | BC-2003-02655
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 | CY2004 | BC-2003-03288
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03288 INDEX CODE: 108.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His discharge for unsatisfactory performance be changed to a medical discharge. A complete copy of the Medical Consultant’s evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S...
AF | BCMR | CY2005 | BC-2003-00256
On 17 Apr 69, after consulting with counsel, applicant submitted a request for discharge for the good of the service. Based on the documentation in the file, they found the discharge consistent with the procedural and substantive requirements of the discharge regulation. At that time, the applicant was also invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit F).
AF | BCMR | CY2006 | BC-2006-02354
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02354 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NOT INDICATED MANDATORY CASE COMPLETION DATE: 3 FEBRUARY 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be changed to a medical discharge. The board of officers recommended applicant be discharged with an under other than...
AF | BCMR | CY2003 | BC-2003-02565
On 21 Dec 72, the evaluation officer found that the applicant was unsuitable for further military service and recommended that he be discharged with a general discharge based on his history of violations of military and civilian law. As of this date, no response has been received by this office (Exhibit E). Having found insufficient evidence of an error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant...
AF | BCMR | CY2003 | BC-2003-00148
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 | CY2004 | BC-2004-00406
On that same date, applicant acknowledged receipt of the administrative discharge action and waived his entitlement to appear before a board of officers and requested discharge in lieu of board proceedings. On 23 Dec 58, the discharge authority approved a general discharge and directed that the applicant be issued a DD Form 257AF, “General Discharge.” On 31 Dec 58, applicant was discharged under the provisions of AFR 39-16, with service characterized as under honorable conditions. A...
AF | BCMR | CY2004 | BC-2003-02427
On 3 Jun 82, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request for an upgrade of his discharge to general or honorable. On 30 Aug 82, a similar appeal was considered and denied by the Board (see Record of Proceedings at Exhibit C). A complete copy of the Air Force evaluation is at Exhibit E. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In the applicant’s response to the evaluation,...
AF | BCMR | CY2004 | BC-2004-00184
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00184 INDEX CODE: 131.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His grade on his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect senior airman, rather than airman first class. _________________________________________________________________ AIR FORCE...
AF | BCMR | CY2003 | BC-2002-04056
On 26 November 1956, the discharge authority approved the discharge and ordered an undesirable discharge effective 5 December 1956. 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 7 March 2003 and 3 April 2003 for review and comment (Exhibits D and F). In our opinion, the cited statements are not of a...