Search Decisions

Decision Text

AF | BCMR | CY2011 | BC-2011-03995
Original file (BC-2011-03995.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03995 

 COUNSEL: NONE 

 HEARING DESIRED: NOT INDICATED 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His under other than honorable conditions (UOTHC) discharge be 
upgraded to honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. He did not realize that he could request his discharge be 
upgraded. He had a house fire in 1965 that destroyed his 
discharge papers along with his General Equivalency Diploma 
(GED). After leaving the base, he stopped to get some groceries; 
however, after he got home (2:00 a.m.) the police came to his 
house and then took him to the police station. He was told that 
he was involved with two girls and was being charged with rape. 
He took a lie detector test and was told he passed the test. 
Since being discharged from the Air Force, he has a clean 
criminal record. He has worked for a trucking company and a car 
dealer. He also worked for C&C Railroad as a brakeman and was 
promoted to yard conductor. 

 

2. In 1980, he had an accident and had surgery on his right knee. 
He was out of work for 8 months, and then went back to work, but 
in 1981, he reinjured his knee that required surgery. In 1982, 
he was disqualified from working as a yard conductor due to his 
injuries on his right knee. He has worked several other jobs 
until he was eligible to retire and begin collecting social 
security. His wife is in bad health and he stays home to care 
for her. 

 

In support of his request, the applicant provides a copy of his 
DD Form 214, Armed Forces of the United States Report of Transfer 
or Discharge. 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

 

 

 


 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 4 Dec 57. 
On 9 Apr 59, the applicant was tried by special court-martial for 
one charge of violation of the Uniform Code of Military Justice, 
Article 121; the specification was for wrongfully taking a camera 
from a fellow airman. He was found guilty of the specification 
and was sentenced to be confined at hard labor for two months, 
and to be reduced to the grade of airman basic. 

 

The applicant was notified by his commander that he was 
recommending him for discharge from the Air Force under the 
provisions of AFR 39-22. The specific reasons for this action 
were for being charged with statutory rape with a count contained 
in the charge for indecent liberties upon the person of a minor 
female child. The applicant pled guilty to the second count, 
that of taking indecent liberties with a minor child, and was 
found guilty. The charge of statutory rape was dismissed by the 
court. He was sentenced to 18 months probation and to pay costs 
of fifty dollars. The applicant received a UOTHC discharge on 
23 Feb 61 after serving 3 years and 21 days on active duty. 

 

On 9 Mar 12, a request for information pertaining to his post-
service activities was forwarded to the applicant for response 
within 30 days. In response to our request, the applicant 
provided post-service information, which is attached at Exhibit 
E. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
which is at Exhibit C. On 9 Mar 12, a copy of the FBI report was 
forwarded to the applicant for review and comment within 30 days. 
As of this date, no response has been received by this office. 

 

_________________________________________________________________ 

 

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. After careful 
consideration of the available evidence, we found no indication 
the actions taken to effect his discharge were improper or 
contrary to the provisions of the governing regulations in effect 
at the time, or the actions taken against the applicant were 
based on factors other than his own misconduct. In addition, in 


view of the contents of the FBI Identification Record we are not 
persuaded that the characterization of the applicant’s discharge 
warrants an upgrade to honorable on the basis of clemency. 
Having found no error or injustice with regard to the actions 
that occurred while the applicant was a military member, we 
conclude that no basis exists to grant favorable action on his 
request. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

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-2011-03995 in Executive Session on 17 Apr 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 5 Oct 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 9 Mar 12. 

 Exhibit E. Letter, Applicant, dated 23 Mar 12. 

 

 

 

 

 

 Panel Chair 

 

 

 



Similar Decisions

  • AF | BCMR | CY2006 | BC-2006-00891

    Original file (BC-2006-00891.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00891 INDEX CODE: 110.00 COUNSEL: None HEARING DESIRED: No MANDATORY CASE COMPLETION DATE: 4 OCT 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to a general or a honorable discharge. In support of his request, applicant provided a DD Form 293, Application for the Review of Discharge or...

  • AF | BCMR | CY2003 | BC-2002-01711

    Original file (BC-2002-01711.DOC) Auto-classification: Denied

    The applicant was discharged on 12 Apr 98, he served 7 years, 1 month, and 1 day on active duty. The authorities involved all believed that a BCD was an appropriate consequence that accurately characterized his military service and his crimes. _________________________________________________________________ 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...

  • AF | BCMR | CY2006 | BC-1998-01144A

    Original file (BC-1998-01144A.doc) Auto-classification: Denied

    ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-1998-01144 INDEX CODE 106.00 XXXXXXX COUNSEL: None XXXXXXX HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: In the applicant’s request for reconsideration, he requests his 1998 dishonorable discharge be upgraded to under-other-than-honorable-conditions (UOTHC) discharge. On 8 Jul 96, the US Air Force Court of...

  • AF | BCMR | CY2007 | BC-2007-01030

    Original file (BC-2007-01030.DOC) Auto-classification: Denied

    He completed 3 years, 10 months, and 22 days of net active service. We also find no evidence which indicates that 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 Uniform Code of Military Justice (UCMJ). His records indicate that prior to his court martial conviction, he engaged in numerous other incidents of...

  • AF | BCMR | CY2006 | BC-2006-01160

    Original file (BC-2006-01160.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01160 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 20 Oct 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: His Dishonorable Discharge be upgraded to a discharge that would qualify him for Veterans Affairs (VA) benefits. Specifically, Section 1552(f)(1) permits the correction of a...

  • ARMY | BCMR | CY1997 | 9710347C070209

    Original file (9710347C070209.TXT) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The Board considered the...

  • ARMY | BCMR | CY1997 | 9710347

    Original file (9710347.rtf) Auto-classification: Denied

    Mr.Calvin M. FowlerChairpersonMr.Ernest M. WillcherMemberMs.Tina L. StreetMember Also present, without vote, were:Mr.Loren G. HarrellDirectorMr.Joseph A. AdrianceAnalyst The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant requests correction of military records as stated in the application to the Board and as restated herein.The Board considered the following evidence: The convening authority agreed, under...

  • ARMY | BCMR | CY1997 | 9710396C070209

    Original file (9710396C070209.TXT) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS: In effect, that his dishonorable discharge (DD) be upgraded to a general/under honorable conditions discharge (GD). EVIDENCE OF RECORD: The applicant's military records...

  • ARMY | BCMR | CY1997 | 9710396

    Original file (9710396.rtf) Auto-classification: Denied

    I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : In effect, that his DD was inequitable because it was based on an isolated incident in over 15 years of service; that his physical impairments prior to and during his court-martial were not...

  • AF | BCMR | CY2001 | 0100166

    Original file (0100166.doc) Auto-classification: Approved

    He had also been given three Article 15s: one for failure to repair and two for violation of IDF Memo 10 - 2, Curfew and Pass Violation. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The Military Personnel Management Specialist, AFPC/DPPRS, reviewed this application and indicated that...