RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02164
INDEX NUMBER: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge be upgraded to an under honorable
conditions (general) discharge.
___________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant makes no contentions. In support of his application he
submits a letter of character reference.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 14 January 1954, for
a period of four years in the grade of airman basic. His highest
grade held was airman third class.
On 30 Nov 54, applicant was convicted by summary court-martial for
failure to go at the time prescribed to his appointed place of duty
on or about 20 Nov 54, and being drunk and disorderly in a public
place, on or about 21 Nov 54. He was sentenced to reduction in
grade to airman basic, confinement at hard labor for one month, and
a forfeiture of $55.
On 7 Nov 55, he was convicted by summary court-martial of breaking
restriction to the base on or about 6 Nov 55. He was sentenced to
reduction in grade to airman basic, confinement at hard labor for
one month, and a forfeiture of $55.
On 21 Aug 56, applicant was punished under the provisions of
Article 15, UCMJ, for violation of a lawful regulation, in that he
did not have his Armed Forces Liberty Pass in his possession on or
about 17 Aug 56. Punishment consisted of a reduction in grade to
basic airman.
On 28 May 1957, a special court-martial convicted applicant of the
following: (1) Wrongful possession of 256 grains, more or less, of
marijuana, on or about 18 Feb 57; (2) Wrongful use of marijuana, on
or about 28 Jan 57. Applicant pled not guilty to the
specifications and the charges. The military judge found him
guilty on all charges and sentenced him to a bad conduct discharge
(BCD), confinement for six months, forfeiture of $65.00 pay per
month for six months, and reduction to the grade of airman basic
(two previous convictions were considered). The convening
authority approved the sentence on 2 Jul 57, and the court-martial
was affirmed on 29 Jul 57. Applicant was discharged with a BCD on
9 Nov 57. He was credited with 3 years, 3 months, and 22 days of
active military service (excludes 184 days lost time due to
confinement).
Pursuant to the Board’s request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, provided a copy of an
investigation report, which is attached at Exhibit C.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS found the discharge was consistent with the
procedural and substantive requirements of the discharge regulation
and recommended disapproval. Additionally, the discharge was
within the discretion of the discharge authority. They also noted
the applicant did not submit any evidence or identify any errors or
injustices that occurred in the discharge processing, or provide
any facts warranting a change to his character of service.
A complete copy of the Air Force 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 6 Aug 04 for review and comment within 30 days. As of this date
no response has been received by this office. (Exhibit E)
On 19 Aug 04, the applicant was invited to provide information
concerning his post-service activities; however, he did not
respond.
On 31 Aug 04, a copy of the FBI report was forwarded to the
applicant for review/comment. To date, no response has 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. 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-
02164 in Executive Session on 5 October 2004, under the provisions
of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. James W. Russell III, Member
Ms. Peggy E. Gordon, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Jul 04, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFPC/DPPRS, dated 30 Jul 04.
Exhibit E. Letter, SAF/MRBR, dated 6 Aug 04.
RICHARD A. PETERSON
Panel Chair
AF | BCMR | CY2003 | BC-2003-00146
In support of his request, the applicant submits personal statements and copies of her father’s DD Form 214 and Statement of Service. As of this date, no response has been received by this office (Exhibit E). After considering the evidence and testimony, the Board of Officers determined that the former member should be discharged with an undesirable discharge because of unfitness.
On 21 Feb 57, the applicant was discharged from the Air Force in the grade of airman basic under the provisions of AFR 39-17 (Unfitness) with an undesirable discharge. AIR FORCE EVALUATION: The Military Personnel Management Specialist, AFPC/DPPRS, reviewed this application and indicated that the applicant did not identify any specific errors in the discharge proceedings nor provide facts warranting an upgrade of the discharge he received. Exhibit B.
AF | BCMR | CY2005 | BC-2005-00132
On 10 Feb 05, SAF/MRBR advised the applicant that, upon receiving his application, they researched the index of military personnel records stored at NPRC. Pursuant to a 3 Mar 05 request by the AFBCMR Staff, AFLSA/JAJM provided a copy of the applicant’s Record of Trial (ROT) and associated documents, including a legal review. The Board of Review did not recommend clemency and, on 24 Aug 56, the sentence was affirmed.
AF | BCMR | CY2004 | BC-2003-03986
On 24 May 57, he received an Article 15 for failure to repair for squadron detail. 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. 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...
AF | BCMR | CY2005 | BC-2004-02764
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02764 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded. He was credited with 3 years, 7 months, and 4 days active service (excludes 197 days of lost time due to three periods of confinement). They also noted applicant did not...
AF | BCMR | CY2005 | BC-2005-02327
A complete copy of the Air Force evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 12 Aug 05, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit E). Were you provided a response on a timely basis? No c. Could be improved d. N/A RECORD OF PROCEEDINGS The Record of Proceedings (ROP) contains a summary of your request, your contentions, the...
AF | BCMR | CY2004 | BC-2004-00278
Furthermore, in view of the repeated misconduct during his short period of service that resulted in his court-martial actions and subsequent discharge and the contents of the FBI Report of Investigation, we are not persuaded that an upgrade of the characterization of the applicant’s service on the basis of clemency is warranted. Therefore, based on the available evidence of record, the applicant’s request for upgrade of his discharge is not favorably considered. ...
Applicant’s complete response is attached at Exhibit F. On 17 Aug 01, a copy of the FBI report and a request to provide additional evidence pertaining to his post-service activities was sent to the applicant (Exhibit G). On 23 Aug 01, applicant provided a statement explaining his activities since leaving the service. Based on a review of the limited post- service evidence provided and in view of the contents of the FBI Identification Record, we are not persuaded that an upgrade of...
The commander, on 25 Jun 56, determined that applicant was guilty of the offenses and imposed punishment consisting of a reduction to the grade of airman first class (permanent) and a reprimand. The commander, on 12 Jul 56, determined that applicant was guilty of the offenses and imposed punishment consisting of reduction to the grade of airman second class (permanent) and a reprimand. Should he provide such evidence (as relayed in our letter), of good conduct for the period of time which...
AF | BCMR | CY2005 | BC-2005-01912
His record has been good since leaving the Air Force and he has no arrests. The complete Air Force evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 10 Aug 05, the AFBCMR staff offered the applicant an opportunity to provide information pertaining to his activities since leaving the service. JOSEPH G. DIAMOND Panel Chair AFBCMR BC-2005-01912 MEMORANDUM FOR THE CHIEF OF STAFF Having received and...