Search Decisions

Decision Text

AF | BCMR | CY2009 | BC 2009 00264
Original file (BC 2009 00264.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2009-00264
		COUNSEL:  NONE
		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is in need of medical care from the Department of Veterans Affairs; however, his discharge renders him ineligible. He was ill and immature at the time; as such, he should have been consoled prior to being given an undesirable discharge. 

In support of the application, the applicant submits a copy of DD Form 214, Report of Separation from the Armed Forces of the United States.   

Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

On 26 October 1948, the applicant enlisted in the Regular Air Force as a private for a period of three years.

The applicant’s commander on 16 March 1950, requested that he be ordered before a board of officers to determine if he should be discharged from military service because he was absent without authority (AWOL) for a total of 245 days.  On 13 April 1950, a board of officers recommended he be discharged with an undesirable discharge.  The discharge authority approved the separation and directed he be discharged with an undesirable discharge.

On 12 May 1950, the applicant was discharged with an undesirable discharge, under the provisions of AR 615-368, (habits and traits undesirable for retention in the service).  He served on active duty for a period of 11 months and 16 days, to include 245 days of lost time due to AWOL. 

In response to the Board's request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report. On 22 April 2009, a copy of the FBI report and a request for


post-service information were forwarded to the applicant for review and response within 30 days (see Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Since his discharge from service, he has worked various jobs to support his family.  He joined the Catholic Church and became a full pledge Catholic. He also contends his date of birth (DOB) of 26 November 1930 and weight of 150 is wrong on his DD Form 214. His correct DOB should be 26 November 1931 and his weight 156 pounds.

Applicant's complete response 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 an injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, the Board found no evidence of error or injustice.  In this respect, the Board notes the applicant’s discharge appears to be in compliance with the governing Air Force Regulation in effect at the time of his separation and he was afforded all the rights to which entitled.  The applicant has provided no evidence to indicate that his separation was inappropriate. In regards to the applicant's contention that his date of birth and weight are wrong, we note that he has not presented any evidence to warrant a change to the date and weight that appear on his DD Form 214. There being insufficient evidence to the contrary, the Board finds no compelling basis to recommend granting the relief sought. 

________________________________________________________________




THE BOARD RECOMMENDS THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice 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-2009-00264 in Executive Session on 9 June 2009, under the provisions of AFI 36-2603:

 	, Panel Chair
 	, Member
	, Member


The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2009-00264:

   Exhibit A.  DD Form 149, dated 20 Feb 09, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFBCMR, dated 22 Apr 09, w/atchs.
   Exhibit E.  Applicant's Response, undated. 




                                   
                                   Panel Chair 








2


3


Similar Decisions

  • AF | BCMR | CY2008 | BC 2008 00264

    Original file (BC 2008 00264.txt) Auto-classification: Denied

    ________________________________________________________________ _ STATEMENT OF FACTS: The administrative discharge file is missing from the applicant's military personnel records; therefore, the facts surrounding his misconduct leading to his discharge cannot be verified. His response is at Exhibit G. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an arrest record which is at Exhibit D. On 3 March 2009, a copy of the FBI...

  • AF | BCMR | CY2009 | BC-2009-00807

    Original file (BC-2009-00807.txt) Auto-classification: Denied

    ____________________________________________________________ _____ STATEMENT OF FACTS: Based on the available information in the applicant's master personnel record, he enlisted in the Air Force on 8 March 1954 as an airman basic. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded the reason for discharge should be changed to medical under honorable conditions. Exhibit B.

  • AF | BCMR | CY2011 | BC-2011-04487

    Original file (BC-2011-04487.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04487 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to a general (under honorable conditions). _________________________________________________________________ APPLICANT CONTENDS THAT: Prior to his enlistment he received a juvenile conviction and was led to...

  • AF | BCMR | CY2010 | BC-2010-01699

    Original file (BC-2010-01699.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01699 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to a general (under honorable conditions) discharge. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an arrest record which is at Exhibit...

  • AF | BCMR | CY2009 | BC-2009-01267

    Original file (BC-2009-01267.docx) Auto-classification: Denied

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS We also find no evidence to indicate the applicant’s service characterization, which had its basis in his conviction by General Court-Martial and was a part of the sentence of the military court, was improper or that it exceeded the limitations set forth in the UCMJ. We have considered applicant's overall quality of service, the General Court-Martial conviction that precipitated the discharge, and the seriousness of the offenses of which...

  • AF | BCMR | CY2009 | BC-2009-01782

    Original file (BC-2009-01782.docx) Auto-classification: Denied

    The available evidence of record indicates the applicant received an undesirable discharge for fraudulent enlistment. However, we are not persuaded by the evidence of record, or the documentation provided by the applicant, that his record of service was sufficiently meritorious to warrant an honorable discharge. The following members of the Board considered AFBCMR Docket Number BC-2009-01782 in Executive Session on 7 Oct 09, under the provisions of AFI 36-2603:

  • AF | BCMR | CY2010 | BC-2009-02864

    Original file (BC-2009-02864.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-02864 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. The applicant was discharged on 3 Jun 81. Exhibit D. Letter, AFBCMR, dated 1 Dec 09.

  • AF | BCMR | CY2006 | BC-1992-01879A

    Original file (BC-1992-01879A.doc) Auto-classification: Approved

    The applicant’s complete submission is at Exhibit F. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Washington, D.C., provided an investigative report which is attached at Exhibit G. On 30 Nov 05, a copy of the FBI Report was forwarded to the applicant for review and/or comment. We therefore recommend the applicant’s records be corrected as indicated below. Exhibit H. Letter, AFBCMR, dated 30 Nov 05.

  • AF | BCMR | CY2009 | BC-2008-03252

    Original file (BC-2008-03252.docx) Auto-classification: Denied

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS Further, the applicant has not provided sufficient evidence to warrant corrective action based on an injustice. The following members of the Board considered AFBCMR Docket Number BC-2009-03252 in Executive Session on 18 Nov 09, under the provisions of AFI 36-2603:

  • AF | BCMR | CY2009 | BC-2009-00910

    Original file (BC-2009-00910.txt) Auto-classification: Denied

    It has been almost 25 years since his discharge. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. _________________________________________________________________ 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...