RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02667
INDEX CODE: 110.02
XXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXXX HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 28 FEB 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had no rights in 1956 to apply for an upgrade, because civil rights were
non existent during that time. He did not have an attorney and was denied
due process.
In support of his request, applicant provided DD Form 214, Report of
Separation from the Armed Forces of the United States.
His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant's military personnel records were destroyed by fire in 1973.
Data extracted from his reconstructed record reflects he enlisted in the
Regular Air Force on 1 November 1954. On 19 June 1956, the applicant was
notified by his commander that he was recommending he be discharged, under
the provisions of AFR 39-17, for unfitness. The basis for the action was
he had been convicted by three (3) summary court martials and two (2)
special court-martials during his period of active duty; he had been
counseled on several occasions to determine if military or personal
problems existed and on each occasion applicant stated there was nothing
other than the fact he did not like the Air Force and only wanted out;
Applicant asked to be given a bad conduct discharge; applicant could not be
given a job that required any initiative because of his lack of
responsibility and indifference.
He acknowledged receipt of the notification of discharge action and waived
his right to a hearing before a board of officers and requested discharge
without benefit of board proceedings.
The discharge authority approved the separation and directed that applicant
be discharged with an undesirable discharge.
He was separated on 17 August 1956, under the provisions of AFR 39-17,
Unfitness, and issued an undesirable discharge. The applicant served
1 year and 7 months on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. Based on the documentation on file in the
master personnel records, the discharge was consistent with the procedural
and substantive requirements of the discharge regulation. The discharge
was within the discretion of the discharge authority.
The applicant did not submit any new evidence or identify any errors or
injustices that occurred in the discharge processing. He provided no facts
warranting an upgrade in his discharge to honorable.
The DPPRS 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 23 Sep
2005, 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 an error or injustice. After careful consideration of the
available evidence, we found no indication that the actions taken to effect
his discharge were improper or contrary to the provisions of the governing
regulations in effect at the time, or that the actions taken against the
applicant were based on factors other than his own misconduct. Therefore,
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.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue(s) involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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 this application in Executive
Session on 8 November 2005, under the provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Alan A. Blomgren, Member
Ms. Jan Mulligan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Aug 05, w/atch.
Exhibit B. Applicant's Reconstructed Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 14 Sep 05.
Exhibit D. Letter, SAF/MRBR, dated 23 Sep 05.
KATHLEEN F. GRAHAM
Panel Chair
AF | BCMR | CY2005 | BC-2005-00747
On 3 August 1956, the applicant was discharged under the provisions of AFR 39- 17 (Unfitness), with an undesirable discharge. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends the application be denied. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 10 August 2005, under the provisions of AFI 36-2603: Mr. Michael J.
AF | BCMR | CY2006 | BC-2006-01918
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...
AF | BCMR | CY2005 | BC-2005-01032
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01032 INDEX CODE: 110.00 COUNSEL: AMERICAN LEGION HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 27 SEP 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His under honorable conditions (general) discharge be upgraded to honorable. Based on the information and evidence provided they recommend the request be denied (Exhibit D). As...
AF | BCMR | CY2005 | BC-2005-02329
He received an Article 15, dated 11 January 1956, for failure to go to his place of duty. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS states based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. The following documentary evidence pertaining to AFBCMR Docket Number BC- 2005-02329 was considered: Exhibit A. DD Form...
AF | BCMR | CY2005 | BC-2005-02333
Every time he started to drink, he ended up in trouble. The applicant was separated from the Air Force 10 September 1953 under the provisions of AFR 39-18, Enlisted Personnel Dishonorable or Bad Conduct Discharge and Special Court-Martial Order Number 23, with a bad conduct discharge. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or...
AF | BCMR | CY2004 | BC-2005-01907
On 15 May 1989, the applicant failed to report to his place of duty, for which he received written counseling. Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C., provided an investigative report which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS states the applicant has not submitted any evidence nor identified any errors or injustices that occurred in the processing of his...
AF | BCMR | CY2005 | BC-2005-01109
For this incident, he was tried and convicted by a summary court-martial and sentenced to be confined to hard labor for 26 days, and to forfeit $50.00. On 28 December 1979, the applicant submitted an application to the Air Force Discharge Review Board (AFRDB) requesting his undesirable discharge be upgraded to honorable. Additionally, the applicant did not submit any evidence, identify any errors or injustices that occurred in the discharge processing, or provide any facts warranting a...
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 | CY2005 | BC-2005-00907
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00907 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 18 SEPTEMBER 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to a general (under honorable conditions) discharge. He served 1 year, 2 months, and 12 days total active service with 216 days of lost time. ...
AF | BCMR | CY2005 | BC-2005-02385
The evaluation officer recommended the applicant receive a general (under honorable conditions) discharge. (See Exhibit E) _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends denial. The DPPRS 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 23 Sep 2005, for review and comment...