Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2013 02871
Original file (BC 2013 02871.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02871
	
		COUNSEL:  NONE

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to a general (under 
honorable conditions) discharge.

________________________________________________________________

APPLICANT CONTENDS THAT:

He does not recall the reasons for his discharge.  He was given 
the choice of a general court-martial or confinement.  He only 
wanted to serve his four years.  He is not seeking compensation; 
he only wants a good discharge. 

In support of his request, the applicant provides a copy of his 
DD Form 293, Application for the Review of Discharge from the 
Armed Forces of the United States.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant's military personnel records are unavailable.  The 
applicant was informed that the National Personnel Record Center 
(NPRC) did not have any records pertaining to his name, social 
security number, or serial number (Exhibit B).  He was asked to 
provide copies of any official military records in his 
possession for use in evaluating his case.  As of this date, no 
response has been received by this office.

The applicant states he was in the Air Force from January 1953 
to May 1955 and served with the 456th Troop Carrier Wing.

A request for post-service information was forwarded to the 
applicant on 25 Feb 14 for review and comment within 30 days 
(Exhibit C).  In response the applicant indicates while on 
active duty he talked back to a superior officer and was placed 
in confinement for two weeks.  After his confinement, he had to 
report to the commander who read him a notice.  He did not 
understand the notice but signed it because he was afraid.  
After leaving the military he was stopped for driving while 
drunk, but has continuously worked until he retired in 1994.  He 
has been married for 47 years and raised two children.  In 
support of his response, the applicant provided two character 
references.

The applicant’s complete response, with attachments, is at 
Exhibit D.

________________________________________________________________

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 an error or injustice.  The 
applicant contends he received an undesirable discharge in May 
1955.  We note the National Personnel Record Center states they 
have no records relating to the applicant’s name, social 
security number, or serial number.  Therefore, the facts 
surrounding his separation and character of service could not be 
verified.  Furthermore, the applicant failed to respond to the 
request to provide any official documentation he may have 
relating to his discharge.  Other than his own assertions, we 
have no way to verify he served with the Air Force and the 
circumstances of his alleged discharge.  Therefore, in the 
absence of evidence to the contrary, we find no basis to 
favorably consider this application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material 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-2013-02871 in Executive Session on 27 Mar 14 and 
9 Apr 14, under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 8 Jun 13, w/atchs.
	Exhibit B.  Letter, SAF/MRBR, undated.
	Exhibit C.  Letter, AFBCMR, dated 25 Feb 14, w/atch.
	Exhibit D.  Letter, Applicant, undated, w/atchs.




                                    
                                   Panel Chair
 


3


Similar Decisions

  • AF | BCMR | CY2004 | BC-2003-03100

    Original file (BC-2003-03100.doc) Auto-classification: Denied

    Applicant's submission, with attachment, is at Exhibit A. The applicant was discharged from the Air Force on 8 November 1954 under the provisions of AFR 39-17 (unfitness) with an undesirable discharge. Second, he went AWOL one time for 30 days.

  • 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 | CY2009 | BC-2009-00807

    Original file (BC-2009-00807.txt) Auto-classification: Denied

    ____________________________________________________________ _____ STATEMENT OF FACTS: Based on the available information in the applicant's master personnel record, he enlisted in the Air Force on 8 March 1954 as an airman basic. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded the reason for discharge should be changed to medical under honorable conditions. Exhibit B.

  • AF | BCMR | CY2006 | BC-2005-03714

    Original file (BC-2005-03714.doc) Auto-classification: Denied

    The applicant’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge reflects the applicant was discharged on 31 October 1958, in the grade of AB with an under other than honorable conditions (undesirable) discharge, in accordance with Air Force Regulation 39-17 for unfitness. Applicant appealed to the Air Force Discharge Review Board (AFDRB) in 5 February 1979 to have his undesirable discharge upgraded to honorable. ...

  • AF | BCMR | CY2007 | BC-2007-00991

    Original file (BC-2007-00991.doc) Auto-classification: Denied

    On 17 November 1952, the applicant was notified of his commander’s intent to recommend him for discharge from the Air Force under the provisions of Air Force Regulation (AFR) 39-22 for a conviction by a civil court. The applicant has not shown the characterization of his discharge was contrary to the provisions of AFR 39-22, Enlisted Personnel, Disposition of Individuals Convicted by Civil Court (Exhibit D). The applicant in response to the FBI report submitted a letter clarifying the...

  • AF | BCMR | CY2012 | BC-2012-04971

    Original file (BC-2012-04971.txt) Auto-classification: Denied

    In response to the request, the applicant states that he is almost 81 years old and his friends and relatives are not aware of his undesirable discharge. His complete response, with attachments, is at 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. However, in 1959, AFR 39-17 was changed to state that an airman discharged under this regulation should be furnished...

  • 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 | CY2014 | BC 2014 03269

    Original file (BC 2014 03269.txt) Auto-classification: Denied

    The applicant contends that during a FBI background check, he discovered they have him listed as dishonorably discharged. The applicant did receive an honorable discharge when his dishonorable discharge was suspended and his DD Form 214 properly annotates an honorable discharge. Should the applicant provide evidence to show that his Air Force records are in error, we would be willing to reconsider his request.

  • AF | BCMR | CY2011 | BC-2011-00252

    Original file (BC-2011-00252.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00252 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general (under honorable conditions). At the same time, the AFBCMR staff offered the applicant an opportunity to provide information pertaining to his activities since leaving the service (Exhibit D). Exhibit...

  • AF | BCMR | CY2013 | BC 2013 05709

    Original file (BC 2013 05709.txt) Auto-classification: Approved

    The DD Form 4 does not reflect his SSN, only his service number. The DD Form 214 reflects his SSN as XXX-XX-XXXX. The complete DPSIRP evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provided a printout from the Social Security Administration that reflects his SSN as “XXX-XX-XXXX” (Exhibit E).