Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2004-03451
Original file (BC-2004-03451.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-03451

      XXXXXXX                           COUNSEL: None

      XXXXXXX                           HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  general  (under  honorable  conditions)  discharge  be   upgraded   to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told his general discharge would be upgraded.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records  were  destroyed  by  fire  in  1973.
Therefore, the facts surrounding his service and  separation  from  the  Air
Force cannot be verified.

Based on available documentation, the applicant enlisted in  the  Air  Force
as an airman basic on 7 February 1957 for  a  period  of  four  years.   The
applicant was involuntarily discharged under  the  provision  of  AFR  39-16
(Discharge of Airmen During Their First  Enlistment  -  Unsuitability)  with
service characterized as general (under honorable conditions)  discharge  on
12 June 1958 in the grade of airman basic.  He served one year, four  months
and six days of total active military service.

Pursuant  to  the  Board’s  request,  the  FBI  provided  a   copy   of   an
Investigative Report pertaining to the applicant, which is at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

The Air Force was not able to evaluate this application due to
nonavailability of personnel records.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A FBI Report was forwarded to the applicant for review and response within
15 days.

_________________________________________________________________

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 persuasive evidence  that
would lead us to believe otherwise, 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.  However, in view of the contents of the FBI report,  we  are  not
persuasive that  his  discharge  warrants  an  upgrade  based  on  clemency.
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 probable 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-2004-03451
in Executive Session on 8 February 2005, under the provisions  of  AFI  36-
2603:

                 Ms. B. J. White-Olson, Panel Chair
                 Mrs. Barbara R. Murray, Member
                 Ms. Janet I. Hassan, Member






The following documentary evidence was considered:

     Exhibit A. DD Form 149, dated 22 Mar 04, w/atchs.
     Exhibit B. FBI Report.
      Exhibit C. Letter, AFBCMR dated 7 Jan 05.




      B. J. WHITE-OLSON
      Panel Chair


Similar Decisions

  • AF | BCMR | CY2007 | BC-2006-00626A

    Original file (BC-2006-00626A.doc) Auto-classification: Approved

    However, according to a National Archives & Records Administration Form 13038, dated 27 Oct 05, the applicant enlisted in the Air Force on 13 Jun 55, was discharged in the grade of airman third class on 18 Sep 58, but with a general (under honorable conditions) characterization. In their conclusions, the Board strongly suggested the applicant submit additional official documents, as his records were destroyed and the details of his military service and discharge could not be clearly or...

  • AF | BCMR | CY2005 | BC-2005-00774

    Original file (BC-2005-00774.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00774 XXXXXXX COUNSEL: NO XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 5 SEP 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His other than honorable discharge be upgraded to honorable. Therefore, the facts surrounding his service in the Air Force cannot be verified. The only other basis upon which to upgrade his...

  • AF | BCMR | CY2006 | BC-2005-01672-2

    Original file (BC-2005-01672-2.doc) Auto-classification: Denied

    ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01672 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: In the applicant’s request for reconsideration, he requests his bad conduct discharge (BCD) be upgraded to general (under honorable conditions). The Board noted the applicant’s accomplishments since leaving the...

  • AF | BCMR | CY2005 | BC-2004-02816

    Original file (BC-2004-02816.doc) Auto-classification: Denied

    On 30 November 1961, the Air Force Discharge Review Board (AFDRB) considered and denied applicant’s request to upgrade his discharge to honorable. However, as of this date, no response has been received. After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we find no evidence of error or injustice.

  • AF | BCMR | CY2006 | BC-2006-00852

    Original file (BC-2006-00852.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00852 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 23 SEP 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. _________________________________________________________________ STATEMENT OF FACTS: On 30 April...

  • AF | BCMR | CY2007 | BC-2007-00797

    Original file (BC-2007-00797.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00797 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY COMPLETION DATE: 16 AUGUST 2008 ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. The applicant has not shown the characterization of his discharge was contrary to the provisions of AFR 39-10,...

  • AF | BCMR | CY2006 | BC-2006-02390

    Original file (BC-2006-02390.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02390 XXXXXXX COUNSEL: CVSO HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 13 FEBRUARY 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. A copy of the FBI request provided stated they were unable to identify any arrest record on the applicant, which is...

  • AF | BCMR | CY2005 | BC-2005-01051

    Original file (BC-2005-01051.doc) Auto-classification: Denied

    173, dated 26 July 1954, his punishment consisted of a BCD, confinement for three months and forfeiture of $25.00 of pay for three months. The applicant did not provide any other facts to warrant an upgrade of his discharge. On 9 May 2005, the Board staff requested the applicant provided documentation regarding his activities since leaving military service.

  • AF | BCMR | CY2005 | BC-2005-00310

    Original file (BC-2005-00310.doc) Auto-classification: Denied

    He completed a total of 2 years, 1 month, and 25 days of active service and was serving in the grade of airman (E-2) at the time of discharge. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends the application be denied and states, in part, that based on the documentation in the applicant’s master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. ...

  • AF | BCMR | CY2005 | BC-2005-01463

    Original file (BC-2005-01463.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01463 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 6 JANUARY 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded. On 22 May 80, the discharge authority directed the applicant be discharged and issued a General...