RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03085
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to general (under
honorable conditions).
APPLICANT CONTENDS THAT:
He desires an upgrade of his discharge in order to be eligible
for benefits from the Department of Veterans Affairs (VA).
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
27 December 1951.
The applicant had four courts-martial convictions for being
absent without leave (AWOL) and pled guilty to each conviction.
On 7 September 1955, the applicant was furnished an undesirable
discharge, and was credited with 3 years, 5 months, and 5 days
of active service and 96 days of lost time.
On 9 September 2014, a request for information pertaining to his
post-service activities was forwarded to the applicant for
review and response within 30 days (Exhibit C). As of this
date, no response has been received by this office.
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states there is no evidence
of an error or an injustice. Airmen are held to a high standard
and are subject to discharge if they commit misconduct. The
applicant has four courts-martial convictions for being AWOL.
His actions constituted misconduct and an undesirable discharge
is an appropriate characterization.
A complete copy of the AFLOA/JAJM evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 23 December 2014 for review and comment within
30 days (Exhibit E). 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 applicants 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
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought in this
application.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2014-03085 in Executive Session on 30 April 2015,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 July 2014 and 8 August 2014,
w/atchs.
Exhibit B. Applicants Available Master Personnel Record.
Exhibit C. Letter, SAF/MRBR, dated 9 September 2014.
Exhibit D. Letter, AFLOA/JAJM, dated 9 December 2014,
Exhibit E. Letter, SAF/MRBR, dated 23 December 2014.
AF | BCMR | CY2014 | BC 2014 00162
On 9 December 2004, the applicant was found guilty and was sentenced to a BCD and confinement for 18 months. The following members of the Board considered AFBCMR Docket Number BC-2014-00162 in Executive Session on 18 November 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 7 January 2014, w/atchs. Exhibit D. Documentation, Applicant, not dated.
AF | BCMR | CY2014 | BC 2014 03710
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03710 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His dismissal (court martial) be upgraded to an honorable discharge. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit D. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial...
AF | BCMR | CY2014 | BC 2014 03182
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03182 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to honorable. In accordance with 10 USC 1552(f), the Board has no authority to overturn the court-martial conviction but may only on the basis of clemency, correct the actions taken by the reviewing authorities, i.e., the sentence. The complete AFLOA/JAJM evaluation is...
AF | BCMR | CY2014 | BC 2014 01778
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01778 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Bad Conduct Discharge (BCD) be upgraded to General (under honorable conditions). On 16 Sep 74, the Board of Review approved the findings and the sentence was executed. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary...
AF | BCMR | CY2014 | BC 2014 03857
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03857 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His bad conduct discharge be upgraded to general (under honorable conditions). The remaining relevant facts pertaining to this application is described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit D. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. ...
AF | BCMR | CY2014 | BC 2014 03621
In accordance with 10 USC 1552(f), the Board has no authority to overturn the court-martial conviction but may only on the basis of clemency, correct the actions taken by the reviewing authorities, i.e., the sentence. We took notice of the applicant's complete submission in judging the merits of the case; however, the Board finds no evidence of an error or injustice occurred in the discharge processing. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did...
AF | BCMR | CY2010 | BC-2010-01039
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01039 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His court-martial conviction be expunged from his records. _________________________________________________________________ APPLICANT CONTENDS THAT: After the Air Force Discharge Review Board (AFDRB) upgraded his discharge in 1969, all records...
AF | BCMR | CY2013 | BC 2013 02918
The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force which is at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial, indicating there is no evidence of an error or injustice. The applicant's service record shows that he was arrested 8 Sep 53 by civilian authorities. In the interest of justice, we considered upgrading the...
AF | BCMR | CY2014 | BC 2014 02093
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02093 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable or general. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit D. AIR FORCE...
AF | BCMR | CY2014 | BC 2014 03874
Even the military review board deemed his punitive discharge to be a Heavy Price To Pay. While the appellate court was saddened that a fine military career was terminated by a punitive discharge, the sentence as approved by the convening authority was appropriate for the offenses of which the applicant stood convicted. While the applicant received a severe punishment, when he otherwise served honorably for 20 years, the commander, convening authority and appellate courts were in position...