Search Decisions

Decision Text

AF | BCMR | CY2010 | BC-2010-02230
Original file (BC-2010-02230.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02230 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His mother’s undesirable discharge be upgraded to a general 
(under honorable conditions) or honorable discharge. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His mother received an undesirable discharge based on the fact 
that she was pregnant. At the time of her separation, she was 
unwed and pregnant. She later married the baby’s father who was 
an Air Force serviceman. If this happened today, the service 
member would be able to continue service or be granted a general 
(under honorable conditions) discharge. The nature of his 
mother’s service was honorable. 

 

In support of his appeal, the applicant provides a personal 
statement, a copy of his mother’s DD Form 214, Report of 
Separation from the Armed Forces of the United States; copies of 
her training records; and Power of Attorney documents. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The service member enlisted in the Regular Air Force on 3 July 
1952. She was promoted to the grade of airman third class (E-2) 
with a date of rank of 22 August 1952. 

 

On 3 July 1953, the service member received Article 15 punishment 
for failure to report for Charge of Quarters Duty in violation of 
Article 121, Uniform Code of Military Justice (UCMJ). On 21 July 
1953, the service member received summary court-martial 
punishment for breaking building restriction in violation of 
Article 143, UCMJ. Her punishment consisted of reduction in rank 
to airman basic (E-1), restriction to the confines of the 
installation for 60 days, and forfeiture of $55 pay. On 
10 August 1953, the service member received special court-martial 
punishment for stealing a billfold and contents of some value 
less than $20, in violation of Article 121, UCMJ. Her punishment 


consisted of confinement at hard labor for two months and 
forfeiture of $30 pay per month for two months. 

 

On 17 September 1953, the service member was notified by her 
commander that a board of officers had been appointed under the 
provisions of Air Force Regulation 39-17, to consider her 
retention in the service or possible discharge as a result of her 
infractions of regulations and low efficiency rating. The 
applicant acknowledged receipt of the notification and elected to 
waive her right to counsel, witnesses, and any waiting period 
before meeting the board. The Board findings and recommendation, 
dated 18 September 1953, indicates the board found evidence that 
the service member had traits which rendered her retention in the 
service undesirable. The board recommended she be discharged 
from the service because of unfitness with an undesirable 
discharge. On 8 October 1953, the discharge authority approved 
the findings and recommendations of the board. 

 

On 28 October 1953, the applicant was released from active duty 
with an undesirable characterization of service in the grade of 
airman basic. She served 1 year, 3 months, and 11 days on active 
duty. 

 

Pursuant to the Board’s request, the FBI indicated that on the 
basis of the data furnished, they were unable to locate an arrest 
record pertaining to the applicant. 

 

_________________________________________________________________ 

 

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 find no evidence of an error or injustice 
that occurred in the discharge processing. Based on the evidence 
of record, it appears the discharge was consistent with the 
substantive requirements of the discharge regulation and within 
the commander's discretionary authority. The applicant has 
provided no evidence which would lead us to believe the 
characterization of the service was contrary to the provisions of 
the governing regulation, unduly harsh, or disproportionate to 
the offenses committed. We considered upgrading the discharge 
based on clemency; however, we do not find the evidence presented 
is sufficient to compel us to recommend granting the relief 
sought on that basis. Therefore, in the absence of evidence to 


the contrary, we find no basis upon which to recommend granting 
the relief sought. 

 

________________________________________________________________ 

 

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-2010-02230 in Executive Session on 3 March 2010, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2010-02230: 

 

 Exhibit A. DD Form 149, dated 9 July 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 

 

 

 

 

 Panel Chair 



Similar Decisions

  • AF | BCMR | CY2004 | BC-2004-01465

    Original file (BC-2004-01465.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01465 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to honorable. On 29 October 1953, the discharge authority approved the separation recommended by the Board of Officers and directed that applicant be discharged with an undesirable discharge. ...

  • AF | BCMR | CY2005 | BC-2005-01109

    Original file (BC-2005-01109.doc) Auto-classification: Denied

    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 | CY2010 | BC-2010-00848

    Original file (BC-2010-00848.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER:BC-2010-00848 COUNSEL: NONE HEARING DESIRED: NO ____________________________________________________________ _____ APPLICANT REQUESTS THAT: Her other than honorable conditions (undesirable) discharge be upgraded to a general discharge. The Board recommended the applicant be discharged with an undesirable discharge. ...

  • AF | BCMR | CY2013 | BC-2012-02783

    Original file (BC-2012-02783.pdf) Auto-classification: Denied

    On 10 Dec 70, the Air Force Military Personnel Center (AFMPC) reviewed the case and recommended disapproval stating there was insufficient justification to support a waiver of the one year ADSC. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. _________________________________________________________________ The following...

  • AF | BCMR | CY2009 | BC-2009-00763

    Original file (BC-2009-00763.txt) Auto-classification: Denied

    On 25 February 1954, the Air Force Board of Review approved the findings and sentence as adjudged. Specifically, Section 1552(f)(1) permits the correction of a record to reflect actions taken by reviewing authorities under the UCMJ. Furthermore, we do not find clemency is appropriate in this case since the applicant has failed to provide any evidence concerning his post-service activities.

  • AF | BCMR | CY2008 | BC-2008-00206

    Original file (BC-2008-00206.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00206 INDEX CODE: 106.00 XXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to at least a general discharge. On or about 1 October 1952, he failed to go at the time prescribed to his appointed place of duty. On 12 February 1957, the Air Force Discharge...

  • AF | BCMR | CY2011 | BC 2011 01777

    Original file (BC 2011 01777.txt) Auto-classification: Approved

    Although the discharge was properly processed according to the applicable regulation, the applicant's discharge record indicates his discharge was based solely on DADT or a similar policy; however, there were aggravating factors. In a memorandum, dated 20 Sep 2011, the Under Secretary of Defense published guidance that Service Discharge Review Boards should normally grant requests to change the narrative reason for discharge, separation code, re-characterize the discharge to Honorable,...

  • AF | BCMR | CY2007 | BC 2007 04042

    Original file (BC 2007 04042.txt) Auto-classification: Denied

    On 17 January 1955, following the Judge Advocate’s finding that the case was legally sufficient, the discharge authority approved the applicant’s discharge under the provision of AFR 39-17 and directed he be discharged with an undesirable discharge. He was credited with 1 year, 5 months and 13 days of active duty with 380 days lost time. Exhibit B.

  • AF | BCMR | CY2010 | BC-2010-02415

    Original file (BC-2010-02415.txt) Auto-classification: Denied

    On 13 March 1953, the applicant was discharged with an undesirable discharge under the authority of Air Force Regulation 39-21, for fraudulent entry into the Air Force by concealment of prior service. Furthermore, we do not find clemency is appropriate in this case since the applicant has not provided any evidence concerning his post-service activities. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number...

  • AF | BCMR | CY2004 | BC-2004-00709

    Original file (BC-2004-00709.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00709 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her bad conduct discharge (BCD) be upgraded to an honorable discharge. Because her approved sentence included a bad conduct discharge, the Air Force Court of Criminal Appeals reviewed the applicant’s conviction and, on 31 October...