Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2005-00645
Original file (BC-2005-00645.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00645
            INDEX CODE:  110.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 AUG 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

2.  He be paid his travel pay and mustering out pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His commanding officer notified him of the early out  program  that  he  was
approved for on 2 Aug 1958.  During the three weeks  in  which  he  was  out
processing he received three Article 15 punishments.  The first  Article  15
was for sleeping on scope, the second was for being out of uniform, and  the
third was for failing to report for duty.  He was told he would  receive  an
honorable discharge and that he could protest the three  Article  15  busts.
He was told the processing of his appeal would take a couple of  weeks.   He
was anxious to get home and was told his pay, travel pay, and mustering  out
pay would be sent to him as well  as  his  discharge  papers  and  paperwork
necessary for the appeal process.  He received nothing and knew  nothing  of
the type of discharge he received until 40 years later.

In support of his request, applicant provided  a  personal  statement.   His
complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by  fire  in  1973  at
the National Personnel Records Center, St. Louis MO.  Therefore,  the  facts
and circumstances surrounding his separation from the Air  Force  cannot  be
verified.  Data extracted from the reconstructed records  reflects  that  he
entered active duty on 22 Aug 55  and  was  discharged  on  7  Nov  58  with
service characterized as general (under honorable conditions).

The Federal Bureau of Investigations has indicated that they were unable  to
identify an arrest record pertaining to the applicant.

_________________________________________________________________

AIR FORCE EVALUATION:

DFAS-POCC/DE states his pay records are no longer  available  from  1958  to
verify whether or not or not he received travel pay or  mustering  our  pay.
Therefore, denial of his request is recommended.

The DFAS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11  Mar
05 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

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.  His contentions are duly  noted;  however,
we do not find his  uncorroborated  assertions  sufficiently  persuasive  to
warrant favorable consideration.  Based upon the presumption  of  regularity
in  the  conduct  of  governmental  affairs  and  without  evidence  to  the
contrary, we must assume that the applicant's discharge was  proper  and  in
compliance with appropriate directives.  Therefore, based on  the  available
evidence of record, and due to the unavailability of  financial  records  to
verify his contentions regarding his mustering out pay,  we  find  no  basis
upon which 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 AFBCMR Docket Number  BC-2005-
00645 in Executive Session on 25 May 05, under the  provisions  of  AFI  36-
2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. Charles E. Bennett, Member
      Mr. Michael J. Maglio, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Feb 05, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, DFAS-POCC/DE, dated 7 Mar 05.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Mar 05.
    Exhibit E.  FBI Negative Response, dated 24 Mar 05.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2002 | BC-2002-01702

    Original file (BC-2002-01702.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 9 February 1948, for a period of three years. However, without the applicant’s military pay records, we are unable to determine his eligibility for MOP at the time of his 1954 discharge. _________________________________________________________________ The following members of the Board considered Docket Number BC-2002-01702 in Executive Session on 19...

  • AF | BCMR | CY2005 | BC-2001-00295

    Original file (BC-2001-00295.doc) Auto-classification: Denied

    The applicant’s rebuttal, with attachments, is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The Chief, General Law Division, HQ USAF/JAG, noted that Section 2005 provides for recoupment if a member fails to complete the ADSC voluntarily or due to misconduct. On 14 Aug 01, DFAS-POCC/DE advised the applicant that, based on her placement on the TDRL, it was inappropriate at this time to recoup monies which might not be owed if...

  • AF | BCMR | CY2001 | 0100189

    Original file (0100189.doc) Auto-classification: Denied

    On 26 March 1999, she was honorably released from her active duty assignment and transferred to the Inactive Ready Reserve (IRR), in the grade of technical sergeant, with an RE code of 4H and a SPD code of LBK, and given half pay separation. They recommend the Board deny the applicant’s request to have the action removed from her records. The applicant did receive an Article 15 and her re-enlistment code reflects such.

  • AF | BCMR | CY2004 | BC-2004-00170

    Original file (BC-2004-00170.doc) Auto-classification: Denied

    A copy of the evaluation is at Exhibit B. Other than his own assertions, the applicant has provided no evidence showing he and his crew were “redlined” for pay. However, should the applicant obtain information regarding his pay or assignments during that time, he may, of course, request reconsideration of this application and we would review this new evidence.

  • AF | BCMR | CY2006 | BC-2005-03541

    Original file (BC-2005-03541.doc) Auto-classification: Approved

    DFAS-POCC/DE states the applicant was discharged with an SPD code of MND. The applicant asserts that he was told by his officers that he would not have to repay his SEB when he voluntarily submitted a request for separation under the LADSC Waiver Program. JAMES W. RUSSELL III Panel Chair AFBCMR BC-2005-03541 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,...

  • AF | BCMR | CY2002 | BC-2001-03610

    Original file (BC-2001-03610.doc) Auto-classification: Approved

    A complete copy of the Medical Consultant’s evaluation is at Exhibit C. AFPC/DPPD recommended denial, indicating that a review of the disability processing records does not show any variances from normal procedures for a member in the Air Force Disability Evaluation System (DES). Applicant’s complete response, with attachment, is at Exhibit G. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: DFAS-POCC indicated that their records show that...

  • AF | BCMR | CY2005 | BC-2005-01888

    Original file (BC-2005-01888.doc) Auto-classification: Approved

    Applicant requests 60 days of leave be restored to his leave account and he be entitled to sell his leave upon his 1 May 2005 retirement. The Air Force has recommended restoring 60 days to the applicant’s leave account. In reviewing the applicant’s MMPA, DFAS determined, however, that the applicant’s account should have reflected 26.5 days of leave at the time of his retirement.

  • AF | BCMR | CY2004 | BC-2004-00959

    Original file (BC-2004-00959.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00959 INDEX CODES: 121.02, 128.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be paid for her accrued leave and any pay and allowances to which she was entitled at the time of her discharge. Since these records no longer exist for the time period in question, they are not able to verify whether...

  • AF | BCMR | CY2005 | BC-2005-00032

    Original file (BC-2005-00032.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00032 INDEX CODE: 128.14 COUNSEL: NONE HEARING DESIRED: NO Mandatory Case Completion Date: 7 Jul 06 _________________________________________________________________ APPLICANT REQUESTS THAT: He be paid for accrued leave. _________________________________________________________________ APPLICANT CONTENDS THAT: Because of an incorrect zip code, he never received his leave to be...

  • AF | BCMR | CY2004 | BC-2003-01821

    Original file (BC-2003-01821.doc) Auto-classification: Approved

    The DFAS-DE/POCT evaluation is at Exhibit D. Pursuant to the Board’s request, USAF/JAA reviewed the application and states that the applicant entered into an Army Senior ROTC Scholarship contract on or about 16 November 1998. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that competent authority determined that he was allowed to serve...