RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01649
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to general (under honorable conditions).
APPLICANT CONTENDS THAT:
He was told by his commanding officer that in the future he
would be able to upgrade his discharge to a general (under
honorable conditions).
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
6 Jan 55.
On 3 Feb 58, the applicant was notified by his commander of his
intent to recommend his discharge for unfitness, under the
provisions of AFR 39-17. The reasons for this action included
two Article 15s, dated 31 Oct 56 and 9 Feb 57, for violation of
Wing regulation 125-15, titled Passes and Curfew; an Article 15,
dated 2 Oct 57, for provoked speech and gestures; an Article 15,
dated 31 Oct 57, for fighting in the street and drinking under
the age of twenty-one; Summary Court Martial, dated 2 Mar 57,
for drunk and disorderly; Summary Court Martial, dated 21 Apr
57, for being disorderly in quarters; Summary Court Martial,
dated 8 Feb 58, was restricted to limits of base and broke
restriction.
On 3 Feb 58, the applicant acknowledged receipt of the action
and waived his right to consult with legal counsel, appear
before an administrative board, or to submit statements on his
own behalf.
On 11 Mar 58, the applicant was furnished a UOTHC discharge, and
was credited with 2 years, 11 months, and 21 days of active
service, excluding lost time from 23 Apr 57 to 23 May 57,
14 Feb 58 to 3 Mar 58, and 9 Jan 58 to 2 Febr 58.
On 25 Nov 58, the applicant appealed to the Air Force Discharge
Review Board (AFDRB) to have his discharge upgraded; however,
the AFDRB denied his application. They concluded the discharge
was appropriate under the facts and circumstances of his case
and there was insufficient basis to warrant clemency for a
change in the discharge (see AFDRB Hearing Record at Exhibit B).
On 28 Apr 14, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. In response, the applicant provided a two character
references and a copy of his FBI Report (Exhibits C, D, and E).
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 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 for us to conclude that the applicants post-service
activities overcome the misconduct for which he was discharged.
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-2014-01649 in Executive Session on 18 Dec 14, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Apr 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 28 Apr 14.
Exhibit D. Letter, Applicants Representative,
dated Response from Applicant.
Exhibit E. FBI Report.
AF | BCMR | CY2013 | BC-2012-00586
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00586 COUNSEL: DAV HEARING DESIRED: NO IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. The applicant appealed to the Air Force Discharge Review Board (AFDRB) to have his UOTHC discharge upgraded to honorable. ...
AF | BCMR | CY2007 | BC-2007-00275
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 | CY2003 | BC-2003-00146
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.
He recommended that applicant be discharged from the service. A complete copy of the evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant indicated that he is now retired and a member of the American Legion. Exhibit E. Letter, SAF/MRBR, dated 15 Mar 02, w/atchs.
AF | BCMR | CY2011 | BC-2011-00292
After serving his 30-days of confinement, he was informed he was being recommended for an undesirable discharge. He understood if his request for discharge was approved that his separation from the Air Force could be under conditions other than honorable and he could receive an undesirable discharge. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material...
AF | BCMR | CY2008 | BC-2008-00492
Capt M started court-martial proceedings against him. Although he has no proof, he feels his discharge was based on the ill-feelings Capt M had towards him. The applicant submitted a similar application to the Air Force Discharge Review Board (AFDRB) requesting his discharge be upgraded to honorable.
AF | BCMR | CY2007 | BC-2007-00847
In a similar appeal, the service-member requested his undesirable discharge be upgraded to honorable by the Air Force Discharge Review Board (AFDRB). As of this date, this office has received no response (Exhibit D). We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for the conclusion that the applicant has not...
On 21 Feb 57, the applicant was discharged from the Air Force in the grade of airman basic under the provisions of AFR 39-17 (Unfitness) with an undesirable discharge. AIR FORCE EVALUATION: The Military Personnel Management Specialist, AFPC/DPPRS, reviewed this application and indicated that the applicant did not identify any specific errors in the discharge proceedings nor provide facts warranting an upgrade of the discharge he received. Exhibit B.
AF | BCMR | CY2014 | BC 2014 01353
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01353 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her fathers under other than honorable conditions discharge be upgraded to honorable. 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...
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...