RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01480
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He would feel very honored to have an honorable discharge and is
very sorry for his actions during his military service.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 9 Nov 51 for a
period of four years in the grade of airman basic. Prior to the
events under review, applicant was promoted to the grade of airman
third class.
On 7 Oct 52, applicant received an Article 15 for operating a
government vehicle while intoxicated. His punishment consisted of
reduction in grade to airman basic.
On 30 Jan 53, applicant was convicted by Summary Court-Martial for
failure to repair and breaking curfew. He was sentenced to
confinement at hard labor (CHL) for seven days and forfeiture of
$28.80.
On 18 Aug 53, he was convicted by Summary Court-Martial for
wrongful appropriation of a bicycle. He was sentenced to CHL for
24 days, 24 days restriction, and forfeiture of $28.80.
On 2 Sep 53, he was convicted by Special Court-Martial for wrongful
appropriation of a weapons carrier and attempting to sell 46 lbs of
coffee which was stolen from the mess hall. His sentence consisted
of restriction to the base for 2 months, reduction in grade to
airman basic, and forfeiture of $25 per month for 5 months.
On 2 Nov 53, he was convicted by Summary Court-Martial for breaking
restriction on or about 26 Oct 53. He was sentenced to CHL for
30 days and forfeiture of $25.
On 25 Sep 53, applicant received a medical evaluation stating he
had no physical or mental conditions warranting separation under
the provisions of AFM 35-4.
On 8 Oct 53, applicant was suspected of theft of day room funds.
He was discharged from his duties in the day room.
On 20 Oct 53, he was out of uniform on base. For this misconduct,
he received a letter of reprimand.
On 25 Oct 53, applicant was out of uniform off base. For this
misconduct, he received an offense report.
On 4 Nov 53, the commander initiated administrative discharge
action and requested a board of officers to convene to evaluate
applicant for possible separation for unfitness, stating that the
applicant was considered unfit for continued service in the Air
Force due to the reasons as listed above.
On 18 Dec 53, applicant waived his entitlement to appear before a
board of officers and requested discharge in lieu of board
proceedings.
On 31 Dec 53, the numbered Air Force commander recommended the
applicant be discharged and indicated the staff judge advocate had
reviewed the case.
On 8 Jan 54, the discharge authority approved a general discharge
and directed that the applicant be issued a DD Form 257AF, “General
Discharge Certificate.” On 4 Feb 54, applicant was discharged
under the provisions of AFR 39-16, with service characterized as
under honorable conditions. He was credited with a total of
2 years, 1 month, and 19 days of active duty service (excludes
37 days lost time due to CHL).
Pursuant to the Board’s request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, provided an investigative
report which is attached at Exhibit C.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommended applicant’s request be denied. Based on
available documentation in the file, they found the discharge
consistent with the procedural and substantive requirements of the
discharge regulation. Additionally, the discharge was within the
sound discretion of the discharge authority. They also noted
applicant did not submit any new evidence or identify any errors or
injustices that occurred in the discharge processing and provided
no other facts warranting an upgrade of the discharge.
A complete copy of the 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 1 Jul 04 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit E).
On 17 Aug 04, a copy of the FBI report was forwarded to the
applicant for comment. At that time, the applicant was also
invited to provide additional evidence pertaining to his activities
since leaving the service (Exhibit F). As of this date, no
response has been received by this office.
___________________________________________________________________
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. The discharge
appears to be in compliance with the governing regulation and we
find no evidence to indicate that his separation from the Air Force
was inappropriate. 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, we do not believe he
has suffered from an injustice. 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-2004-01480 in Executive Session on 19 October 2004, under the
provisions of AFI 36-2603:
Ms. Rita S. Looney, Panel Chair
Mr. Terry L. Scott, Member
Ms. Cheryl V. Jacobson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 May 04.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 25 Jun 04.
Exhibit E. Letter, SAF/MRBR, dated 1 Jul 04.
Exhibit F. Letter, AFBCMR, dated 17 Jul 04, w/atchs.
RITA S. LOONEY
Panel Chair
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