RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03545
INDEX CODE: 110.02
COUNSEL: None
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: May 20, 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was court martialed for disobeying a direct order to be in the latrine
at a certain time for inspection. He showed up at the appointed time,
waited 10 minutes, and then left.
His discharge was a direct result of a summary court-martial and upgrading
his discharge will satisfy his “personal record and true blue blood.”
The applicant provided no additional documentation to support his request.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty Air Force on 22 May 59 for a 4-year
period. He served 2 years, 4 months and 27 days and was discharged on 13
Nov 61 as directed by a summary court-martial.
The applicant received two airman performance reports (APRS). A resume of
his APRs follows:
Closeout Date Overall Rating
26 Apr 60 A Good Airman
6 Aug 61 A Marginal Airman
The applicant’s commander notified him on 31 Aug 61 that he was
recommending the applicant’s discharge from the Air Force for the following
reasons:
a. On 7 Jun 61, the applicant received an Article 15 for disobeying
an order.
b. On 7 Aug 61, the applicant was found guilty of operating a
passenger car in a parking lot in a reckless manner and exceeding
the speed of 10 miles per hour. The applicant received an
Article 15 and was placed on the Airman Control Roster and
demoted one grade.
c. On 15 Aug 61, the applicant disobeyed a lawful order and failed
to report as ordered.
d. On 17 Aug 61, Summary Court-Martial actions were initiated; the
applicant was demoted and received 30 days confinement and
forfeiture of $50.
The applicant acknowledged receipt of the discharge notification, waived
his right to a board hearing, submitted character statements, and a
statement in his own behalf.
The discharge convening authority approved the Summary-Court Martial
findings and the applicant was discharged on 13 Nov 61 with an under
honorable conditions (general) discharge.
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI),
Clarksburg, West Virginia, provided a copy of an investigative report
pertaining to the former member (Identification Record Number 76077G)
(Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. The base legal office reviewed the case and
found it legally sufficient to support separation and recommended the
applicant receive an under honorable conditions (general) discharge. 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 evidence or
identify any errors or injustices that occurred in the discharge
processing.
The AFPC/DPPRS complete evaluation, with attachments is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 15 Dec
06 for review and comment within 30 days. As of this date, this office has
not received a 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 an injustice. After careful consideration of the
available evidence, we found no indication that the actions taken to affect
his discharge were improper or contrary to the provisions of the governing
regulations in effect at the time. In addition, in view of the contents of
the FBI Identification Record we are not persuaded that the
characterization of the applicant’s discharge warrants an upgrade to
honorable on the basis of clemency. Having found no error or injustice
with regard to the actions that occurred while the applicant was a military
member, we conclude that no basis exists to grant favorable action on his
request.
_________________________________________________________________
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 Docket Number BC-2006-03545
in Executive Session on 18 January 2007, under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Teri G. Spoutz, Member
Ms. Mary C. Puckett, Member
The following documentary evidence was considered for Docket Number BC-
2006-03545:
Exhibit A. DD Form 149, dated 11 Nov 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 30 Nov 06.
Exhibit D. Letter, SAF/MRBR, dated 15 Dec 06.
MICHAEL K. GALLOGLY
Panel Chair
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