RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03258
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He would like his discharge characterization upgraded in order to
gain access to Department of Veteran Affairs (DVA) medical
benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
There is no error or injustice in his record. He requests a
discharge upgrade based on clemency.
In support of his appeal, the applicant provides copies of
civilian medical documents.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served on active duty from 21 August 1953 to 13 November 1959.
According to General Court-Martial Order Number 3, dated
13 February 1959, the applicant was tried by general court-
martial for stealing another airmans military payment
certificates, valued at $270, in violation of Article 121,
Uniform Code of Military justice (UCMJ). He pled guilty and was
found guilty of the specification and charge. As a result, he
received punishment consisting of a bad conduct discharge,
forfeiture of $70 pay per month for one month, and confinement at
hard labor for one year.
In addition, the applicants record reveals he had a previous
court-martial conviction of stealing $140 from a fellow airman on
or about 9 March 1955, for which he was sentenced to a BCD,
forfeiture of $50 pay per month for six months, and hard labor
for six months. However, that portion of his punishment for a
BCD and forfeiture of pay was remitted. The applicant was also
convicted of being absent without leave (AWOL) for two days,
6-7 July 1954.
After serving his time in confinement, the applicant was
discharged in the grade of airman second class (E-2), effective
13 November 1959 with an Under Other than Honorable Conditions
(UOTHC) discharge. He served four years, nine months, and eight
days on active duty and had 284 days lost time.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C).
On 26 January 2012, the applicant was given an opportunity to
respond to the FBI Report and to submit comments about his post
service activities (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. Based on the
available 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. Furthermore, we do
not find clemency is appropriate in this case since the applicant
has not provided any evidence concerning his post-service
activities. Based on the foregoing, we find no basis to
recommend granting the relief sought in this application.
________________________________________________________________
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-2011-03258 in Executive Session on 27 March 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2011-03258:
Exhibit A. DD Form 149, dated 11 Aug 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 26 Jan 12, w/atch.
Panel Chair
AF | BCMR | CY2011 | BC-2011-03066
On 11 October 2011, the applicant was given an opportunity to submit comments about his post service activities and in response to the FBI Report (Exhibit D). He was told by his Air Force attorney that his discharge would be upgraded automatically in six months after his discharge, but it was not. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03066 in Executive Session on 15 March 2012, under the...
AF | BCMR | CY2011 | BC-2011-00039
Between February and September 1961, the applicant was counseled six times; three for failing to report for duty on time, once for failing to keep his room in inspection order, and twice for failing to report for duty. On 4 October 1961, the applicant was discharged from the Air Force with a general (under honorable conditions) discharge in the grade of airman basic. We have considered the applicants overall record of service, the events which precipitated the discharge, and the contents...
AF | BCMR | CY2005 | BC-2005-01672
Applicant’s complete submission is at Exhibit A. Based on the documentation on file in the master personnel record, they found the discharge consistent with the procedural and substantive requirements of the discharge regulation. The evidence of record indicates the applicant was convicted by numerous courts-martial for discharging a fire arm, twice for stealing, and for being absent without leave (AWOL).
AF | BCMR | CY2003 | BC-2002-03596
On 23 June 1957, he was honorably discharged and on 24 June 1957, reenlisted in the RegAF for a period of four years. In an application, dated 13 August 1972, he requested his discharge be upgraded to one under honorable conditions. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that at the time of his discharge on 13 August 1959, he was...
AF | BCMR | CY2011 | BC-2011-02036
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02036 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. On 30 Jan 85, the squadron commander notified the applicant of administrative discharge action for drug abuse. We took notice of the applicant's complete submission in...
AF | BCMR | CY2011 | BC-2011-04552
On 5 Jun 1984, his commander notified him that he was still recommending his discharge without probation and rehabilitation under the same provisions, however, due to further evidence presented to him by the SJA, he recommended that his service be characterized as general. On 16 Jul 1984, the applicant was discharged with service characterized as general (under honorable conditions) in the grade of airman. ________________________________________________________________ The following...
AF | BCMR | CY2008 | BC-2008-01877
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01877 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented...
AF | BCMR | CY2003 | BC-2003-00040
_________________________________________________________________ STATEMENT OF FACTS: Most of the applicant’s records were destroyed in the Jul 73 fire at the National Personnel Records Center (NPRC). Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Washington, D.C., provided an investigative report, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS provided their rationale for...
AF | BCMR | CY2011 | BC-2011-02967
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02967 COUNSEL: HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to a general (under honorable conditions) discharge. On 22 November 1961, the applicant was notified of his commanders intent to recommend the applicant for an undesirable discharge for unfitness under the...
Pursuant to the Board’s request, the Federal Bureau of investigation, Washington, D.C., provided an investigative report which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The Military Personnel Management Specialist, Separations Branch, HQ AFPC/DPPRS, reviewed this application and states that the applicant did not provide evidence of error in his discharge case. However since the discharge occurred over 43 years ago and...