RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00291
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 28 Jul 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His troubles started in the military when he wrote a letter to his Senator
telling him of conditions he thought were wrong at his duty station.
Instead of investigating the issues, the investigation focused on him. He
was transferred to another duty station and given a second chance. He was
told if he got into further trouble he would receive a bad conduct
discharge. Just prior to Christmas 1957, he was told to sign for a
discharge or go to prison. He did not get the opportunity to speak to a
lawyer or even a chaplain. He signed the discharge, which he later
understood was less than the general (under honorable conditions) discharge
he was told he would receive. Since his discharge, he has never been in
trouble. He has graduated from college and has taught in public schools, a
community college and as a vocational instructor at a state prison.
In support of his request, applicant has provided a personal statement.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's personnel records were destroyed by fire at the National
Personnel Records Center, St. Louis MO, in 1973. Therefore, the facts and
circumstances surrounding his discharge cannot be verified. Data extracted
from the reconstructed record reflects that he enlisted in the Regular Air
Force on 24 Feb 55 and was discharged on 17 Dec 57 under other than
honorable conditions.
The Air Force Discharge Review Board reviewed the applicant's request for
upgrade of his discharge and determined no legal or equitable basis for
upgrade exists.
The Federal Bureau of Investigations (FBI) has indicated that based on the
available information, they were unable to identify an arrest record
pertaining to the applicant (Exhibit F).
Pursuant to the Boards request, applicant provided post-service information
pertaining to his activities since leaving the Air Force. His complete
submission is at Exhibit H.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS is unable to determine the propriety of the discharge based on
the lack of documentation in his record. The applicant did not submit any
evidence or identify any errors or injustices that occurred in the
discharge processing. DPPRS defers to the Board for a determination of
relief.
The DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states he has made numerous attempts to have his discharge
upgraded but has been unable to do so. He states he is completely in the
dark as to why he was discharged and he committed no crime, caused no
damage to property or persons. He was present and doing his assigned
duties when the discharge transpired. His complete response is 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. Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice. Even though the applicant has provided no
evidence to show that his discharge was improper or not in compliance with
the appropriate directives, it is our opinion that approval of some relief
is warranted in this case. It appears likely that he has led a stable and
productive life and it appears that there is no evidence that he has had
any subsequent involvement of a derogatory nature since his separation from
the Air Force. Accordingly we believe that it would be an injustice for
him to continue to suffer the adverse effects of an under other than
honorable conditions discharge. Therefore on the basis of clemency, we
believe an upgrade of his discharge to general (under honorable conditions)
is warranted. His request for upgrade of honorable was considered;
however, in the absence of evidence by the applicant other than his own
statements pertaining to the quality of his service and the facts and
circumstances surrounding his separation, we do not believe an upgrade to a
fully honorable discharge is warranted. Accordingly we recommend his
records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 17 December 1957, he was
discharged with service characterized as general (under honorable
conditions).
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2005-
00291 in Executive Session on 9 Jun 05, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Grover L. Dunn, Member
Mr. Michael J. Maglio, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Jan 05, w/atchs.
Exhibit B. Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 3 Feb 05.
Exhibit D. Letter, SAF/MRBR, dated 11 Feb 05.
Exhibit E. Letter, Applicant, dated 15 Feb 05.
Exhibit F. FBI Negative Reply, dated 14 Mar 05.
Exhibit G. Letter, SAF/MRBC, dated 4 Mar 05, w/atch.
Exhibit H. Letter, Applicant, not dated, w/atchs.
RICHARD A. PETERSON
Panel Chair
AFBCMR BC-2005-00291
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 17 December 1957, he
was discharged with service characterized as general (under honorable
conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AF | BCMR | CY2006 | BC-2005-03647
On 19 September 1957, his commander requested the applicant appear before a board of officers to determine whether he would be discharged for unfitness. DPPRS states the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation in effect at that time and, was within the discretion of the discharge authority. Exhibit B.
AF | BCMR | CY2005 | BC-2005-00749
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00749 INDEX CODE: 110.00 COUNSEL: NONE MANDATORY CASE COMPLETION DATE: 04 SEPTEMBER 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (undesirable) discharge be upgraded. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative...
AF | BCMR | CY2006 | BC-2006-00008
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, has provided applicant’s arrest record which is at Exhibit F. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends the application be denied and states, in part, that the discharge was consistent with the procedural and substantive requirements of the discharge regulation. A copy of the FBI arrest record was forwarded to applicant on 27 February...
AF | BCMR | CY2005 | BC-2005-01797
A complete copy of the evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 8 Jul 05 for review and comment within 30 days. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded his general discharge should be upgraded. ...
AF | BCMR | CY2004 | bc-2003-03881
Under our broader mandate and after careful consideration of all the facts and circumstances of applicant's case, the Board is persuaded that he has been a productive member of society since leaving the service. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 16 July 1957, he was discharged with service characterized as general...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-02031 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded. The Board also invited the applicant provide additional evidence pertaining to his post-service activities. In a letter, dated 15 April 2002, the applicant states that he has no excuse for the way he acted...
AF | BCMR | CY2005 | BC-2005-00120
Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated they were unable to identify with an arrest record on the basis of the information furnished - Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommended denial based on the documentation on file in the master personnel records. They believe the discharge was consistent with the procedural and substantive requirements of...
AF | BCMR | CY2006 | BC-2005-02694
He had served 1 year, 2 months and 6 days on active service with 8 days of lost time due to AWOL. On 17 March 1959, the applicant submitted an application to the Air Force Discharge Review Board (AFRDB) requesting his discharge be upgraded so that he may enter active duty service. ________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.
AF | BCMR | CY2004 | BC-2004-02164
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. Exhibit D. Letter, AFPC/DPPRS, dated 30 Jul 04. Exhibit E. Letter, SAF/MRBR, dated 6 Aug 04.
Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, provided an investigative report which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The Separations Branch, HQ AFPC/DPPRS, stated that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing. Since his discharge occurred over 48 years ago and considering he was only 19...