RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00692
INDEX CODE: 110.00
COUNSEL: TEXAS VET COMMISSION
FRANK BORJON
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 7 SEP 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the age of 17 he was arrested for carrying a four-inch paring knife. He
was a cook in the Air Force and often carried the knife due to his cooking
duties. He was formally charged with violating the military code and was
court-martialed in 1957. He further states he continues to be a good
citizen and seeks an upgrade of his discharge based on clemency.
In support of his request, the applicant provided documents extracted from
his reconstructed military personnel records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant's military personnel records were destroyed by fire in 1973
at the National Personnel Record Center (NPRC) in St. Louis, Missouri.
Documents extracted from the available records indicates he enlisted in the
Regular Air Force on 29 May 1956 for a period of four years. He performed
duties as a Cook.
On 11 September 1960, applicant was released from active duty in the grade
of airman third class effective and with a date of rank (DOR) of 1 March
1959. He served four years on active duty with 106 days lost time.
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI),
Clarksburg, West Virginia, provided an arrest record which is at Exhibit C.
On 30 March 2007, a copy of the FBI Report of Investigation and a request
for post-service documentation was forwarded to the applicant for review
and response within 30 days (Exhibit D). The applicant provided a response
which is at Exhibit E.
_________________________________________________________________
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. Based upon the presumption of
regularity in the conduct of governmental affairs and without evidence to
the contrary, we must assume the applicant's discharge was proper and in
compliance with appropriate directives. We also considered upgrading his
discharge based on clemency; however, noting his apparent misconduct
following his discharge as indicated on the FBI report, we do not believe a
recommendation that the characterization of his discharge be upgraded on
that basis is warranted. 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 the evidence presented did not demonstrate the
existence of an error or 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-2007-
00692 in Executive Session on 8 May 2007, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Garry G. Sauner, Member
Ms. Kathleen B. O’Sullivan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Feb 07, w/atchs.
Exhibit B. Applicant’s Available Master Personnel Records.
Exhibit C. Federal Bureau of Investigation Report.
Exhibit D. Letter, SAF/MRBC, dated 30 Mar 07.
Exhibit E. Letter, Applicant, dated 22 Apr 07.
CHARLENE M. BRADLEY
Panel Chair
AF | BCMR | CY2006 | BC-2006-00258
The commander indicated in his recommendation for discharge action that before recommending the discharge he reviewed the applicant’s military record, as well as the documents relating to the offenses which form the basis for this action. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting the applicant’s general discharge be upgraded to an honorable discharge. Although the applicant did not specifically request...
AF | BCMR | CY2008 | BC-2006-02737
________________________________________________________________ STATEMENT OF FACTS: On 15 September 2006, the applicant submitted an appeal to the Board requesting her BCD be upgraded to a general discharge. ________________________________________________________________ THE BOARD RECOMMENDS: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 12 April 1993, she was discharged with service characterized as general (under...
AF | BCMR | CY2008 | BC-2007-02038
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02038 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. A copy of the FBI report was forwarded to the applicant on 17 October 2007 for review and response within 30 days (See Exhibit D). We considered...
AF | BCMR | CY2008 | BC-2007-02845
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02845 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to an under honorable conditions (general) discharge. On 23 Oct 80, applicant applied to the Air Force Discharge Review Board (AFDRB) requesting that his BCD be upgraded to an honorable...
AF | BCMR | CY2006 | BC-2004-01792
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01792 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY COMPLETION DATE: 5 DECEMBER 2006 ________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded. In his undated response to our request for post-service information, the applicant provided a personal statement and a Metro Lift application (Exhibit...
AF | BCMR | CY2008 | BC-1995-02072
On 30 January 1980, the applicant appeared, with counsel, before the Air Force Discharge Review Board (AFDRB), to appeal that his discharge be upgraded to honorable. We considered upgrading the discharge based on clemency; however, the applicant has not provided any information concerning his post- service activities and accomplishments for us to conclude that he has overcome the behavioral traits which caused the discharge, and we do not find the evidence presented is sufficient to compel...
AF | BCMR | CY2003 | BC-2003-02627
However, as of this date, this office has received no response. After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we find no evidence of error or injustice. We also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency.
AF | BCMR | CY2007 | BC-2007-00190
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00190 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 MAY 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. The commander indicated in his recommendation for discharge that he considered the applicant’s military record...
AF | BCMR | CY2008 | BC-2007-02281
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02281 INDEX CODE: 110.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her general (under honorable conditions) discharge be upgraded to honorable. On 16 December 1985, the squadron commander notified the applicant that he was recommending she be discharged from the Air Force for having a...
AF | BCMR | CY2008 | BC-2007-02826
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02826 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. On 1 Aug 81, the applicant was counseled for failure to go. _________________________________________________________________ APPLICANT’S REVIEW OF FBI...