Search Decisions

Decision Text

AF | BCMR | CY2012 | BC-2012-01815
Original file (BC-2012-01815.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01815 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His undesirable discharge be upgraded to honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was beat up by two white men. At the time it was unacceptable 
to dispute the word of a white man. As a result he was placed in 
the guard house. 

 

He has not received any benefits for the time he served during 
World War II because of his discharge status. 

 

He was not aware he could dispute the conditions of his discharge 
until now. He is currently homeless and seeking benefits, and in 
order to get them he needs his discharge changed immediately. 

 

He put his life on the line for his country and deserves the 
credit due him. 

 

In support of his request, the applicant provides copies of his 
WD AGO Form 53-59, Enlisted Record and Report of Separation; NA 
Form 13038, Certificate of Military Service, and a letter from 
the National Personnel Records Center (NPRC). 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s master personnel records were destroyed in the 
1973 fire at the NPRC. Therefore, only a reconstructed record is 
available for review. The available records indicate the 
following: 

 

On 18 Dec 45, the applicant entered active duty in the Army Air 
Corps. 

 

On 23 Apr 49, the applicant was notified to appear before a board 
of officers to determine his retention in the service because of 
undesirable traits of character. The following is a list of the 


applicant’s convictions: (1) He was tried and convicted by 
Special Court Martial for taking the property (a billfold and 
personal effects) of another airman; (2) He was tried and 
convicted by a Summary Court Martial for failing to report to his 
commanding officer that he had contracted a venereal disease 
(VD); (3) He was tried and convicted by a Special Court Martial 
for leaving his post without authority; and (4) He was tried and 
convicted by a Summary Court Martial for being absent without 
leave (AWOL) from on or about (o/a) 15 Mar 49 to o/a 21 Mar 49. 

 

The applicant acknowledged receipt of the notification and 
indicated he did not desire legal counsel or witnesses in his 
behalf. On 27 Apr 49, the board of officers convened and 
recommended the applicant be discharge with an undesirable 
discharge. The discharge authority approved the separation and 
on 17 May 49, he was discharged under the provisions of AR 615-
368, Unfitness - Undesirable Habits or Traits of Character, and 
received an undesirable discharge. 

 

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 21 Nov 12, a copy of the FBI report was forwarded to the 
applicant for review and comment within 30 days. At the same 
time, the applicant was offered an opportunity to provide 
information pertaining to his activities since leaving the 
service (Exhibit D). 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. 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. In the interest of 
justice we considered upgrading the discharge based on clemency; 
however, based on the information contained in his FBI report we 


do not 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 Docket Number 
BC-2012-01815 in Executive Session on 24 Jan 13, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence pertaining to Docket Number 
BC-2012-01815 was considered: 

 

 Exhibit A. DD Form 149, dated 2 May 12, w/atchs. 

 Exhibit B. Applicant's Available Master Personnel Records. 

 Exhibit C. FBI Report of Investigation, dated 6 Jun 12. 

 Exhibit D. Letter, SAF/MRBR, dated 21 Nov 12. 

 

 

 

 

 Panel Chair 

 



Similar Decisions

  • AF | BCMR | CY2006 | BC-2005-03022

    Original file (BC-2005-03022.doc) Auto-classification: Denied

    On 16 Apr 62, the squadron commander notified the applicant that he was recommending he be discharged from the Air Force for a civil court conviction. Applicant was discharged on 26 Apr 62, in the grade of airman basic (E-1), under the provisions of AFM 39-22, with separation designation number 284 (Involuntarily discharged for misconduct, civil court disposition, processed by waiver of entitlement to a board hearing), and was issued an under other than honorable conditions (undesirable)...

  • AF | BCMR | CY2007 | BC-2007-01366

    Original file (BC-2007-01366.doc) Auto-classification: Denied

    The applicant has not shown the characterization of his discharge was contrary to the provisions of AFR 39-17, Discharge of Airmen Because of Unfitness, (copy attached as Exhibit D). At the time of the applicant’s discharge, AFR 39-17, paragraph 8, stated that when discharged because of unfitness, an Undesirable Discharge (UD) will be furnished unless the particular circumstances in a given case warrants a general or honorable discharge. Exhibit B.

  • AF | BCMR | CY2003 | BC-2003-00040

    Original file (BC-2003-00040.doc) Auto-classification: Denied

    _________________________________________________________________ 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 | CY2007 | BC-2007-00275

    Original file (BC-2007-00275.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00275 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 4 JULY 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to honorable. The board of officers recommended applicant be discharged with an undesirable discharge. On 22 Nov 57, applicant submitted an...

  • 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 | CY2008 | BC-2007-03533

    Original file (BC-2007-03533.doc) Auto-classification: Denied

    74 dated 15 Jul 49 and the applicant was discharged from the Air Force on 15 Jul 49 with an undesirable discharge. In response to the Board’s request, the FBI indicated they were unable to identify with an arrest record pertaining to the applicant on the basis of information furnished (Exhibit C). To date, no response has been received (Exhibit D).

  • AF | BCMR | CY2003 | BC-2003-02035

    Original file (BC-2003-02035.DOC) Auto-classification: Approved

    Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, provided a copy of an Investigation Report pertaining to the applicant, which is at Exhibit G. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS states that due to the lack of documentation to support the applicant’s discharge process, his young age at the time, and considering the incident occurred over 45 years ago, they would not be opposed to the Board...

  • AF | BCMR | CY2009 | BC-2008-02590

    Original file (BC-2008-02590.docx) Auto-classification: Denied

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS They recommended the applicant’s request be approved and that he receive a UOTHC discharge. The following members of the Board considered Docket Number BC- 2008-02590 in Executive Session on 16 October 2008, under the provisions of AFI 36-2603:

  • AF | BCMR | CY2010 | BC-2010-02925

    Original file (BC-2010-02925.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02925 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general (under honorable conditions). He served a total of two years, seven months, and nine days of active duty service. _________________________________________________________________ THE BOARD...

  • AF | BCMR | CY2004 | BC-2004-01267

    Original file (BC-2004-01267.doc) Auto-classification: Denied

    The board recommend that the applicant be discharged because of unfitness under the provisions of Air Force Regulation 39-17 and he be furnished an Undesirable Discharge certificate. On 19 November 1951, the discharge authority reviewed the findings and recommendations of the Board of Officers, and approved the discharge recommendation. Additionally, the applicant did not submit any evidence, identify any errors or injustices that occurred in the discharge processing, or provide any facts...