RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02400
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 February 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His DD Form 214 be corrected to reflect the name, R---, F--- D.
instead of R---, F--- L---.
2. His under other than honorable conditions (undesirable) discharge
be upgraded to under honorable conditions (general) discharge or
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The incorrect information got in his records when he enlisted into the
Air Force. He feels his military records and discharge should show
correct name information and upgraded discharge.
In support of the appeal, applicant submits a personal statement, a
copy of his DD Form 214, a copy of his social security card and
drivers license, a copy of an affidavit, and other documents not
pertaining to his discharge.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s master personnel record (MPR) appears to have been
destroyed by the 1973 fire at the National Personnel Records Center
(NPRC) in St. Louis. However, the following facts have been obtained
using available records.
Applicant enlisted in the Regular Air Force on 16 January 1956, in the
grade of airman basic for a period of four years. He was
progressively promoted to the grade of airman third class. Orders
dated 10 October 1956 indicate he was reduced to the grade of airman
basic due to disciplinary punishment effective 9 October 1956. He was
separated from the Air Force on 12 July 1957 under the provisions of
AFR 39-21, Disposition of Persons Who Fraudulently Enlist in the Air
Force (fraudulent enlistment – concealment of prior service), with an
under other than honorable conditions (undesirable) discharge. Since
his enlistment was considered fraudulent, his total active service was
noncreditable. His DD Form 214, Armed Forces of the United States
Report of Transfer or Discharge, indicates he had five months and six
days of prior active service.
On 23 October 2006 and 28 November 2006, SAF/MRBR informed the
applicant that his records had been destroyed by a 1973 fire at the
National Personnel Records Center (NPRC), St. Louis, Missouri, and
requested his assistance to reconstruct missing documents, facts and
circumstances associated with his discharge.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on the basis of the data furnished they
were unable to locate an arrest record (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states they are unable to determine the propriety of the
discharge based on the lack of documentation in his master personnel
records. His assistance was requested, however, he did not submit any
evidence or identify any errors or injustices that occurred in the
discharge processing; therefore, no corrective action will be taken to
change applicant’s name on the DD Form 214, based on the fact he
fraudulently enlisted into the Air Force using the name “R---, F--- L--
-“ and served under that name from 16 January 1956 to 12 July 1957.
A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 5
January 2007 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. 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
and adopt their rationale as the basis for the 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
basis 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 this application in
Executive Session on 15 February 2007, under the provisions of AFI 36-
2603:
Mr. James W. Russsell III, Panel Chair
Ms. Dee R. Reardon, Member
Mr. Jeffrey R. Shelton, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Aug 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 15 Dec 06.
Exhibit E. Letter, SAF/MRBR, dated 5 Jan 07.
JAMES W. RUSSELL III
Panel Chair
AF | BCMR | CY2006 | BC-2006-01750
He has provided no evidence that such an upgrade was granted since it is a copy of this proof that he is requesting. As the applicant appears unable to establish to our satisfaction that his dishonorable was upgraded and a general discharge certificate was issued as he claims, we suggest he may wish to amend his application to a request for an upgraded discharge on the basis of clemency. _________________________________________________________________ THE BOARD DETERMINES THAT: The...
AF | BCMR | CY2006 | BC-2006-03075
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03075 INDEX CODE: 110.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 9 APRIL 2008 ______________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions discharge be upgraded to an honorable discharge. In addition, he states his supervisor indicated his discharge would be automatically...
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 | 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-2005-01109
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 | CY2004 | BC-2004-00652
He received two Airman Performance Reports (APRs) closing 16 October 1956 and 10 December 1956, in which the overall evaluations were “excellent.” The applicant’s discharge case file has been lost or destroyed. The Air Force Discharge Review Board (AFDRB) denied applicant’s request for an upgrade of discharge on 18 June 1958. On 22 April 2004, the Board staff requested the applicant provide post- service documentation within 30 days (Exhibit E).
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 | CY2003 | BC-2002-01967
Other than the applicant’s attached brief and a copy of his Certificate of Military Service obtained from NPRC, the facts leading to the discharge are not available in his records. On 7 December 1979 the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request for an upgrade of his undesirable discharge to an honorable discharge. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the...
AF | BCMR | CY2003 | BC-2003-00148
On 18 October 1957, the discharge authority approved the recommended separation and directed that the applicant be discharged with an undesirable discharge. He had served 2 years and 24 days on active duty. Additionally, the discharge was within the discretion of the discharge authority.
AF | BCMR | CY2005 | BC-2005-01239
He received one Airman Performance Report (APR) closing 5 March 1957, in which the overall evaluation was “Very Good.” On 3 September 1957, applicant was separated from the Air Force under the provisions of AFR 39-14, Convenience of the Government, with an honorable discharge. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 24...