RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03677
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 3 JUNE 2008
______________________________________________________________
APPLICANT REQUESTS THAT:
His general under honorable conditions discharge be upgraded to an
honorable discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
He believes enough time has passed to request his discharge be upgraded to
an honorable discharge. He states at the time he was very young and fell
into the snare of a weird family, a weird lady and a phony shotgun wedding.
In support of his request the applicants submits a personal letter.
His complete submission with attachments is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Air Force on 10 July 1957 in the grade of airman
basic. On 19 December 1960, he was notified by his commander that he was
recommending he be discharged from the Air Force under the provisions of
AFR 39-16, Discharge for Unsuitability. The specific reasons for this
action were on 16 November 1960, he was convicted by a summary court-
martial for being absent without leave (AWOL) for eight days; on
14 December 1960, he was diagnosed with a character and behavior disorder,
inadequate personality, manifested by poor judgment, ineptness, social
incompatibility, and difficulty with authority figures; also on 14 December
1960, he failed to repair for duty; between 12 and 15 December 1960, he
reported late for work on four occasions; on 22 December 1960 he was
reported absent from a scheduled detail. He was advised of his rights in
this matter. On 4 January 1960, he acknowledged receipt of the
notification and declined to submit a statement in his own behalf. The
discharge authority approved the separation and directed he be discharged
with a general discharge. On 6 January 1961, he was discharged from the
Air Force in the grade of airman basic. He served three years, five months
and six days on active duty.
Pursuant to the Board’s request, the FBI indicated that on the basis on
the data furnished, they were unable to locate an arrest record. (Exhibit
C).
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states that the discharge was
consistent with the procedural and substantive requirements of the
discharge regulation. In addition, the discharge was within the sound
discretion of the discharge authority. He did not submit any new evidence
or identify any errors or injustices that occurred in his discharge
processing. The applicant did not provide any facts warranting a change to
his general discharge.
The complete DPPRS evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicants states he was never late for work and believes his troubles
started after this lady he was seeing became pregnant one month after
meeting her. They eventually married and received an assignment to Keesler
AFB (KAFB) Mississippi where he states he did not have the money to move
his family from Georgia. He states his wife could not travel much due to
the pregnancy; as a result, it took several days to arrive at KAFB. Once
he arrived at KAFB he was assigned to the sanitation department instead of
the post office and discovered he was going to be court-martialed and
subsequently discharged. He states he was told he would be allowed to keep
his rank but would have to spend time in the stockade. Afterwards, he was
discharged. He then discovered his wife wanted to be married to a military
man. He indicated he would wait until the child was born; however, his
wife informed him the child was not his. He has since divorced and
currently completing paralegal studies and plans to attend law school. He
is a senior vice president and has worked in banking for many years. In
addition he is a religion teacher, very active in his church and has
completed the highest rank obtainable in the Knights of Columbus. His son
is a member of the 82ND Airborne Unit and has served a tour in Afghanistan
and two tours in Iraq.
His complete response is at Exhibit F.
________________________________________________________________
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 affect
his discharge and characterization of his service were improper, contrary
to the provisions of the governing regulations in effect at the time, or
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 its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice.
________________________________________________________________
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-2006-
03677 in Executive Session on 8 February 2007, under the provisions of AFI
36-2603:
Ms. Kathy L. Boockholdt, Panel Chair
Ms. Teri G. Spoutz, Member
Mr. Charlie E. Williams Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 November 2006, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 4 January 2007.
Exhibit D. Letter, AFPC/DPPRS, dated 14 December 2006.
Exhibit E. Letter, SAF/MRBR, dated 5 January 2007.
KATHY L. BOOCKHOLDT
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office of the Assistant Secretary
AFBCMR
1535 Command Drive EE Wing 3rd Floor
Andrews AFB, MD 20762-7002
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
Reference your application, AFBCMR BC-2006-03677 submitted under the
provisions of AFI 36-2603 (Section 1552, 10 USC).
After careful consideration of your application and military records,
the Board determined that the evidence you presented did not demonstrate
the existence of material error or injustice. Accordingly, the Board
denied your application.
You have the right to submit newly discovered relevant evidence for
consideration by the Board. In the absence of such additional evidence, a
further review of your application is not possible.
BY DIRECTION OF THE PANEL CHAIR
GREGORY E.
JOHNSON
Chief
Examiner
Air Force Board
for Correction
of Military
Records
Attachment:
Record of Board Proceedings
AF | BCMR | CY2006 | BC-2005-03758
(3) On 5 June 1989, the applicant received a Letter of Reprimand for reporting for duty over two hours late. 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 her request. Exhibit E. FBI Report, dated 24 Jan 06.
AF | BCMR | CY2006 | BC-2005-03532
The commander was recommending the applicant receive an UOTHC discharge based on the following: (1) On 10 April 1984, the applicant received a Letter of Reprimand for failure to report at the time prescribed to his appointed place of duty. 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. Exhibit E. FBI Investigative Report.
AF | BCMR | CY2004 | BC-2004-02395
On 30 October 1975, the Numbered AF commander approved the discharge, without P&R. On 6 December 1978, the Air Force Discharge Review Board (AFDRB) considered and denied applicant’s request to have his discharge upgraded. At that time, the applicant was also invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit F).
AF | BCMR | CY2007 | BC-2007-004691
On 10 Mar 82, he was discharged from the Air Force with service characterized as UOTHC. ________________________________________________________________ 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...
AF | BCMR | CY2005 | BC-2005-00651
Additionally, the applicant’s base driving privileges were suspended. In addition, based on his overall record of service, the contents of the FBI Report of Investigation, and the absence of evidence related to his post-service activities and accomplishments, we are not persuaded that an upgrade of the characterization of his discharge is warranted on the basis of clemency. Exhibit E. Letter, SAF/MRBR, dated 25 Mar 05.
AF | BCMR | CY2006 | BC-2006-00292
KATHY L. BOOCKHOLDT Panel Chair Attachment: Ltr, HQ USAF/DPPRS, dtd 15 Feb 06 w/Atch AFBCMR 1535 Command Drive EE Wing, 3rd Floor Andrews AFB, MD 20762-7002 XXXXXXX XXXXXXX XXXXXXX, PA 16611 Dear MSgt Myers Your application to the Air Force Board for Correction of Military Records, AFBCMR BC-2006-00292, has been finalized. The Board determined that the military records should be corrected as set forth in the attached copy of a Memorandum for the Chief of Staff United States Air Force. Copy...
AF | BCMR | CY2006 | BC-2005-03577
The discharge section at the personnel office said he could request an upgrade to honorable after one year of being separated. On 4 February 1988, applicant was discharged under the provisions of AFR 39-10, Administrative Separation of Airmen, (alcohol abuse rehabilitation failure), with a general (under honorable conditions) discharge. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting an upgrade in his discharge.
AF | BCMR | CY2006 | BC-2006-01562.dpc
In support of the application, the applicant provided a copy of his Divorce Judgment and DD Form 2656-1, SBP elections statement for former spouse coverage. No recommendation is provided (Exhibit B). _________________________________________________________________ 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...
AF | BCMR | CY2004 | BC-2004-01381
On 22 Dec 72, the discharge authority directed the applicant be discharged without P&R, and that he be issued a DD Form 257AF, General Discharge Certificate. Exhibit D. Letter, HQ AFPC/DPPRS, dated 18 May 04. Exhibit E. Letter, SAF/MRBR, dated 28 May 04.
AF | BCMR | CY2007 | BC-2006-00920
_________________________________________________________________ STATEMENT OF FACTS: Applicant was commissioned in the Air Force 6 Jul 1995. After a thorough review of the available evidence and the applicant’s complete submission, the Board is not persuaded his records should be corrected to show he was awarded the (DFC). After careful consideration of your application and military records, the Board determined that the evidence you presented did not demonstrate the existence of material...