RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03438
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 MAY 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He desires to be buried along with his spouse at the New Hampshire State
Veterans’ Cemetery. One of the requirements is to have an honorable
discharge. He believes that after serving over 16 years of active duty
service he should be allowed to be buried in a military cemetery.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
During the time period in question, the applicant, who had prior service,
reenlisted in the Regular Air Force on 25 October 1962 for a period of six
years.
On 27 August 1964, the applicant was notified of his commander's intent to
initiate discharge action against him for frequent involvement of a
discreditable nature with military authorities and his established pattern
of financial irresponsibility. The specific reasons follow:
a. On 24 March 1964, the applicant received a letter of
admonishment (LOA) for numerous letters concerning his failure to pay his
just debts.
b. On 8 May 1964, the applicant was involved in a domestic incident
with his wife in Madrid, Spain, which brought discredit upon him and the
Air Force. For this offense he received a verbal reprimand.
c. On 16 June 1964, the applicant did, without proper authority,
fail to go at the time prescribed, to his appointed place of duty, to wit:
Psychiatric Ward, building #108, in violation of Article 86, Uniform Code
of Military Justice (UCMJ). For this offense he received a verbal
reprimand.
d. The applicant’s Airman Performance Report (APR) for the period 1
June 1963 to 31 May 1964 was derogatory in that his duty performance was
lax as a result of his financial problems.
e. On 6 July 1964, the applicant was administered an Article 15,
for being absent without leave (AWOL) during the period 16 June 1964 to 21
June 1964. For this offense he was reduced in grade from staff sergeant to
airman first class. The applicant did not appeal the punishment.
f. On 25 August 1964, the applicant was administered an Article 15,
for being AWOL during the period 18 August 1964 to 24 August 1964. For
this offense he was reduced to the grade of airman third class, ordered to
forfeit $40.00 of his pay and ordered into correctional custody for a
period of 30 days. The applicant did not appeal the punishment.
The commander indicated in his recommendation for discharge action that the
applicant had been counseled on different occasions and failed to take
command of his finances. He further indicated there was no evidence of a
successful rehabilitation.
The commander advised the applicant of his right to consult legal counsel,
request a board hearing, and submit statements in his own behalf; or waive
the above rights after consulting with counsel.
After consulting with counsel, the applicant submitted a statement in his
own behalf.
On 28 September 1964, the Assistant Staff Judge Advocate recommended the
applicant be discharged with service characterized as general.
The discharge authority approved the applicant’s general discharge.
On 11 December 1964, the applicant was discharged with service
characterized as general (under honorable conditions) in the grade of
airman third class under the provisions of AFR 39-17 - Unfitness. He
served 16 years, 2 months, and 25 days of total active duty service with 15
days of lost time.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, was unable to identify with an arrest record on
the basis of information furnished - Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial indicating that based on the documentation on
file in the master personnel record the discharge was consistent with the
procedural and substantive requirements of the discharge regulation, and
was within the discretion of the discharge authority. The applicant also
did not submit any evidence or identify any errors or injustices that
occurred in the discharge processing. Nor did he provide any facts
warranting a change to his character of service.
The evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 2 December 2005, a copy of the Air Force evaluation was forwarded to the
applicant for review and response within 30 days. As of this date, no
response has been received by this office.
On 5 January 2006, the Board staff requested the applicant provide post-
service documentation within 20 days (Exhibit F). The applicant provided a
response, with attachment, which is at Exhibit G.
_________________________________________________________________
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. The Board took notice of the
applicant's complete submission in judging the merits of the case; however,
the Board agrees with the opinion and recommendation of the Air Force and
adopts its rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. The applicant has failed to
demonstrate the commander exceeded his authority or the reason for the
discharge was inaccurate or unwarranted. Absent evidence to the contrary,
the Board presumes responsible officials applied appropriate standards in
effecting the separation, and the Board does not find persuasive evidence
that pertinent regulations were violated or the applicant was not afforded
all the rights to which entitled at the time of discharge. Therefore, we
find no compelling basis to recommend granting the relief sought.
4. We also find insufficient evidence to warrant a recommendation the
discharge be upgraded on the basis of clemency. The applicant has not
provided information of his post-service activities and accomplishments.
Therefore, based on the evidence of record, we cannot conclude that
clemency is warranted. Should the applicant provide statements from
community leaders and acquaintances attesting to his good character and
reputation and other evidence of successful post-service activities, this
Board would be willing to review this information for possible
reconsideration of this case. However, we cannot recommend approval based
on the current evidence of record.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or an injustice; the application was denied without a
personal appearance; and 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-
03438 in Executive Session on 15 February 2006, under the provisions of AFI
36-2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Wallace F. Beard Jr., Member
Ms. Karen A. Holloman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Nov 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Negative FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 29 Nov 05.
Exhibit E. Letter, SAF/MRBR, dated 2 Dec 05.
Exhibit F. Letter, AFBCMR, dated 5 Jan 06, w/atch.
Exhibit G. Letter, Applicant, undated, w/atch.
KATHLEEN F. GRAHAM
Panel Chair
AF | BCMR | CY2005 | BC-2005-02196
The commander recommended a general (under other than honorable conditions) discharge based on the following: (1) On 24 March 1983, he received an Article 15 for issuing worthless checks in the amount of $265.00. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his discharge should be upgraded. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence...
AF | BCMR | CY2002 | BC-2002-02418
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 0202418 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded so he can be buried in a national cemetery. AFPC/DPPRS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant's sister...
AF | BCMR | CY2005 | BC-2004-02909
In a legal review of the discharge case file dated 7 December 1987, the Combat Support Group Judge Advocate office found the file was legally sufficient and recommended that the applicant be separated from the service with an under honorable conditions (general) discharge. 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, and the discharge was within the...
AF | BCMR | CY2006 | BC-2006-00434
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00434 INDEX CODE: 110.02 XXXXXXXXXXXXXX COUNSEL: NOT INDICATED HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 18 JUL 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. Therefore, based on the evidence of record, we find no basis upon which to favorably...
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-2005-01667
They also find no promotion order indicating he was ever selected for promotion prior to retirement AFPC/DPPPWB’s complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 5 August 2005 for review and response. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the...
AF | BCMR | CY2005 | BC-2005-00261
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPWB recommends denial of the applicant’s request that his rank of SSgt be restored. Additionally, the applicant has not provided any evidence to support his contentions of sexual discrimination. The applicant has provided no evidence with successfully disputes HQ AFPC/DPPPWB’s interpretation of the regulation or showing that he was unjustly treated in regards to his rank at the time of...
AF | BCMR | CY2005 | BC-2005-01966
On 15 October 1984, the Air Force Discharge Review Board denied the applicant’s request for upgrade of his discharge and concluded the discharge was consistent with the procedural and substantive requirements of the Uniform Code of Military Justice and that the applicant was provided full due process. However, after thorough review of the evidence of record, it is our opinion that the comments of the Air Force office of primary responsibility are supported by the evidence of record. We...
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 | CY2004 | BC-2003-02156
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02156 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general (under honorable conditions). From 29 August 1952 to 24 September 1952, he was confined in civilian jail. The DPPRS evaluation is at Exhibit...