RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02350
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable and that he receive back pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He honorably served in the Air Force for four years. He enlisted
without having knowledge that his wife had a dependent child
prior to their marriage. Therefore, he was discharged for
fraudulent enlistment. He was never court-martialed or given an
opportunity to face those who accused him of fraudulent
enlistment. While on active duty he did not receive pay and
allowances from May 1954 until he was discharged. Therefore, he
believes he is entitled to earned interest and muster-out pay.
In support of his request, the applicant provides a personal
statement and a copy of his DD Form 214, Report of Separation
from the Armed Forces of the United States.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 2 April 1954.
The squadron adjutants recommendation for discharge indicates
the applicant was recommended for discharge due to Fraudulent
Enlistment. The applicants DD Form 4, Enlistment Record
United States, reflects the applicant had only one dependent.
However, documentation substantiated the applicant had more than
one dependent at the time of his enlistment in the Air Force.
The discharge authority concurred with the recommendation and
directed discharge with an undesirable discharge. The applicant
was discharged on 20 August 1954. He served 4 months and 19 days
on active duty.
On 20 April 1956, the Air Force Discharge Review Board (AFDRB)
considered and approved the applicants request that his
undesirable discharge be upgraded. The AFDRB upgraded the
applicants discharge to general under the provisions of AFR 39-
16 - Unsuitability (Exhibit B).
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 27 August 2010, a copy of the FBI Report of Investigation was
forwarded to the applicant for review and response within 30 days
(Exhibit D). As of this date, this office has received no
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 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. On 20 April 1956, the
Air Force Discharge Review Board upgraded the characterization of
his service from undesirable to general. The applicant has not
provided sufficient evidence that he is entitled to any remedy
beyond that already afforded him by the AFDRB. In addition, we
took note of the applicants request that he receive back pay due
to not receiving pay and allowances from 1954 until his
discharge; however, he has not provided sufficient evidence to
substantiate this assertion. Therefore, in view of the above and
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 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-2010-02350 in Executive Session on 26 January 2011,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-02350 was considered:
Exhibit A. DD Form 149, dated 28 April 2010, w/atchs.
Exhibit B. Applicant's Master Personnel Record.
Exhibit C. Federal Bureau of Investigation Report.
Exhibit D. Letter, AFBCMR, dated 27 August 2010.
Panel Chair
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