Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 01555
Original file (BC 2014 01555.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01555
					COUNSEL:  NONE
		HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His undesirable discharge be changed to honorable.  


APPLICANT CONTENDS THAT:

He and two other veterans got into a fight with three “civilians” 
and he was arrested by the city police.  He was in jail for 
60 days before being able to return to base at which point he was 
told he was being discharged.  

He did not want to be discharged and indicates he would not have 
left the service but because of his young age, he did not think 
about it.  He really did not know how much it would mean to not 
have an honorable discharge.  

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 27 Apr 
51.

On 4 Nov 52, he was tried by a special court-martial for violating 
Article 121, Uniform Code of Military Justice with specifications 
that he wrongfully appropriated a sweater valued at about 
$4.00 and a wrist watch valued at about $65.00, both the property 
of another airman.   He pled not guilty and was found not guilty 
of the charges.  

On 5 Dec 52, the flight surgeon received a request to conduct a 
mental and physical evaluation for the applicant because he had 
been confined to the county penitentiary from 14 Jul 52 thru 
12 Oct 52 for third degree assault for which he pled guilty on 
1 Jul 52 after hitting and stabbing another man.  

On 26 Feb 54, the provost marshal was notified the applicant had 
been indicted on 24 Jul 53 on five counts of violating the Public 
Health Law.  On 28 Oct 53, he pled guilty to two felony counts of 
the indictment for giving another adult a narcotic drug.    

On 11 Mar 54, his commander requested he be separated from the Air 
Force under the provisions of AFR 39-22, Paragraph 5, Enlisted 
Personnel: Disposition of Airmen Convicted by Civil Court.  

On 29 Mar 54, the applicant received an undesirable discharge, and 
was credited with 1 year, 9 months, and 2 days of active service.   

On 28 Apr 14, a request for post-service information was forwarded 
to the applicant for review and comment within 30 days (Exhibit 
c).  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 an error or injustice.  We took 
notice of the applicant's complete submission, to include his 
rebuttal response, 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, we do not find the 
evidence presented is sufficient to recommend granting relief on 
that basis.  Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought.


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-2014-01555 in Executive Session on 21 Nov 14 under the 
provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01555 was considered:

	Exhibit A.  DD Form 149, dated 7 Apr 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Information Bulletin, not dated.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
3
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-00302

    Original file (BC-2003-00302.doc) Auto-classification: Denied

    The applicant enlisted in the Regular Air Force on 31 Jan 51 and was assigned to the 6351st Medical Squadron at Naha Air Base. Apparently, however, he was reassigned again and, on 12 May 53, his squadron requested his transfer to the rehabilitation squadron because of his unresponsiveness to repeated counseling, correction and discipline. The applicant was discharged in the grade of airman basic under the provisions of AFR 39-17 (Unfitness) on 16 Jul 54 with an undesirable characterization...

  • AF | BCMR | CY2014 | BC 2014 00220

    Original file (BC 2014 00220.txt) Auto-classification: Denied

    APPLICANT CONTENDS THAT: He does not know why he received a general discharge but he should be given an honorable discharge. Exhibit B. Exhibit C. Letter, SAF/MRBR, dated 21 Mar 14, w/atchs.

  • AF | BCMR | CY2004 | BC-2003-02427

    Original file (BC-2003-02427.doc) Auto-classification: Denied

    On 3 Jun 82, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request for an upgrade of his discharge to general or honorable. On 30 Aug 82, a similar appeal was considered and denied by the Board (see Record of Proceedings at Exhibit C). A complete copy of the Air Force evaluation is at Exhibit E. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In the applicant’s response to the evaluation,...

  • AF | BCMR | CY2005 | BC-2004-02764

    Original file (BC-2004-02764.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02764 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded. He was credited with 3 years, 7 months, and 4 days active service (excludes 197 days of lost time due to three periods of confinement). They also noted applicant did not...

  • AF | BCMR | CY2005 | BC-2005-00178

    Original file (BC-2005-00178.doc) Auto-classification: Approved

    As for his request for an honorable discharge, we noted the post-service information he provided. The Board majority concludes the applicant’s service should not be characterized at the same level as those military members with unblemished service and this application should therefore be denied. The Board majority also voted to deny the applicant’s request to have his 1954 general discharge upgraded to honorable.

  • AF | BCMR | CY2014 | BC 2014 01529

    Original file (BC 2014 01529.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01529 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to honorable. APPLICANT CONTENDS THAT: His military record is correct that he was found guilty of certain petty crimes during his service in the Air Force in 1968 and that he was Absent Without Official Leave (AWOL) and received confinement. ...

  • AF | BCMR | CY2003 | BC-1999-01111

    Original file (BC-1999-01111.doc) Auto-classification: Denied

    The BCMR Medical Consultant evaluation is at Exhibit C. AFPC/DPPD recommends the application be denied and states, in part, that the applicant has not submitted any material or documentation to show that he was unfit due to a physical disability at the time of his discharge. The AFPC/DPPD evaluation is at Exhibit D. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS: Complete copies of the Air Force evaluations were forwarded to...

  • AF | BCMR | CY2014 | BC 2014 00935

    Original file (BC 2014 00935.txt) Auto-classification: Denied

    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. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient for us to conclude that the applicant’s post-service activities overcome the misconduct for which he was discharged. Exhibit D. Federal Bureau of...

  • AF | BCMR | CY2011 | BC-2011-01187

    Original file (BC-2011-01187.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01187 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded. On 19 Apr 54, the applicant’s commander notified him that he was recommending his discharge from the Air Force for unfitness. We considered upgrading the discharge based on clemency; however, in the absence of...

  • AF | BCMR | CY2003 | BC-2003-00146

    Original file (BC-2003-00146.doc) Auto-classification: Denied

    In support of his request, the applicant submits personal statements and copies of her father’s DD Form 214 and Statement of Service. As of this date, no response has been received by this office (Exhibit E). After considering the evidence and testimony, the Board of Officers determined that the former member should be discharged with an undesirable discharge because of unfitness.