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AF | BCMR | CY2014 | BC 2014 03269
Original file (BC 2014 03269.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-03269
	
		COUNSEL:  NONE
		
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he received an 
honorable discharge.

________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214 reflects that he received an honorable 
discharge.

However, the Federal Bureau of Investigations (FBI) reflects 
that he received a dishonorable discharge and he needs to get 
his record straight with the FBI.

The applicant states his failure to timely file should be waived 
in the interest of justice because it was recently discovered 
during a background investigation.

In support of his appeal, the applicant provides various 
documents associated with his request.

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

________________________________________________________________

STATEMENT OF FACTS:

According to the DD Form 214, Armed Forces of the United States 
Report of Transfer or Discharge, provided by the applicant, on 
17 Feb 55, he enlisted in the Regular Air Force.

On 9 May 56, the applicant pled not guilty but was found guilty 
of one specification of assault in violation of Article 128 of 
the Uniform Code of Military Justice (UCMJ) and was sentenced at 
a General Court-Martial to a dishonorable discharge, forfeiture 
of all pay and allowances, and to be confined to hard labor for 
three years.

On 19 Dec 56, the convening authority remitted the unexecuted 
portions of the sentence to confinement and forfeitures and 
directed that the dishonorable discharge be suspended until 
19 Jun 57, at which time, unless sooner vacated, it will be 
remitted without further action.

On 16 Sep 59, the applicant was relieved from active duty and 
transferred to the Air Force Reserve (AFRES).  On 31 Jan 63, the 
applicant was relieved from the AFRES and furnished an honorable 
discharge, effective 16 Feb 63.

________________________________________________________________

AIR FORCE EVALUATION:

AFLOA/JAJM recommends the Board take no action indicating the 
applicant’s records appear to be correct.  The applicant 
contends that during a FBI background check, he discovered they 
have him listed as dishonorably discharged.  The applicant did 
not submit a copy of his background check so we are not able to 
see what incorrect information is on the record.  The applicant 
did receive an honorable discharge when his dishonorable 
discharge was suspended and his DD Form 214 properly annotates 
an honorable discharge.

According to the FBI’s published information on criminal 
background checks, they will only make amendments to criminal 
background information if the request comes directly from the 
original reporting agency.  The Air Force Office of Special 
Investigation (AFOSI) and Security Forces are the agencies that 
handle tracking and reporting criminal offenses to local and 
national authorities, however, it is likely that the background 
check is showing the applicant’s convictions, not the type of 
discharge.  Without the actual background check paperwork, we 
are unable to help determine if the records are incorrect or 
where the applicant need to route his request to get his records 
updated.

The complete JAJM evaluation, with attachments, is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant maintains that his dishonorable discharge was 
suspended and that he has provided the necessary documentation 
to substantiate his request.  He provides additional copies of 
documents already provided in his initial application.

________________________________________________________________

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, based on the available records we 
find no evidence of an error or injustice.  Therefore we agree 
with the opinion and recommendation of the Air Force office of 
primary responsibility and adopt the rationale expressed as the 
basic for our conclusion the applicant has failed to sustain his 
burden of proof of an error on injustice.  Should the applicant 
provide evidence to show that his Air Force records are in 
error, we would be willing to reconsider his request.  In view 
of the above and 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-2014-03269 in Executive Session on 8 Apr 15, under the 
provisions of AFI 36-2603:

		                        , Panel Chair
		                       , Member
		                  , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 8 Aug 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 24 Sep 14, w/atch.
	Exhibit D.  Letter, AFLOA/JAJM, dated 24 Nov 14, w/atchs.
	Exhibit E.  Letter, SAF/MRBR, dated 23 Dec 14.
	Exhibit F.  Letter, Applicant, undated, w/atchs.


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