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 applicants 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
applicants 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 FBIs 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 applicants 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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