RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02350 

 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His general (under honorable conditions) discharge be upgraded to 
honorable and that he receive back pay. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He honorably served in the Air Force for four years. He enlisted 
without having knowledge that his wife had a dependent child 
prior to their marriage. Therefore, he was discharged for 
fraudulent enlistment. He was never court-martialed or given an 
opportunity to face those who accused him of fraudulent 
enlistment. While on active duty he did not receive pay and 
allowances from May 1954 until he was discharged. Therefore, he 
believes he is entitled to earned interest and muster-out pay. 

 

In support of his request, the applicant provides a personal 
statement and a copy of his DD Form 214, Report of Separation 
from the Armed Forces of the United States. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 2 April 1954. 

 

The squadron adjutant’s recommendation for discharge indicates 
the applicant was recommended for discharge due to Fraudulent 
Enlistment. The applicant’s DD Form 4, Enlistment Record – 
United States, reflects the applicant had only one dependent. 
However, documentation substantiated the applicant had more than 
one dependent at the time of his enlistment in the Air Force. 

 

The discharge authority concurred with the recommendation and 
directed discharge with an undesirable discharge. The applicant 
was discharged on 20 August 1954. He served 4 months and 19 days 
on active duty. 

 


 

On 20 April 1956, the Air Force Discharge Review Board (AFDRB) 
considered and approved the applicant’s request that his 
undesirable discharge be upgraded. The AFDRB upgraded the 
applicant’s discharge to general under the provisions of AFR 39-
16 - Unsuitability (Exhibit B). 

 

Pursuant to the Board's request, the Federal Bureau of 
Investigation (FBI), Clarksburg, West Virginia, provided an 
arrest record which is at Exhibit C. 

 

On 27 August 2010, a copy of the FBI Report of Investigation was 
forwarded to the applicant for review and response within 30 days 
(Exhibit D). As of this date, this office has received no 
response. 

 

_________________________________________________________________ 

 

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 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. On 20 April 1956, the 
Air Force Discharge Review Board upgraded the characterization of 
his service from undesirable to general. The applicant has not 
provided sufficient evidence that he is entitled to any remedy 
beyond that already afforded him by the AFDRB. In addition, we 
took note of the applicant’s request that he receive back pay due 
to not receiving pay and allowances from 1954 until his 
discharge; however, he has not provided sufficient evidence to 
substantiate this assertion. Therefore, in view of the above and 
in the absence of evidence to the contrary, we find no basis upon 
which to recommend granting the relief sought. 

 

_________________________________________________________________ 

 

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-2010-02350 in Executive Session on 26 January 2011, 
under the provisions of AFI 36-2603: 

 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-02350 was considered: 

 

 Exhibit A. DD Form 149, dated 28 April 2010, w/atchs. 

 Exhibit B. Applicant's Master Personnel Record. 

 Exhibit C. Federal Bureau of Investigation Report. 

 Exhibit D. Letter, AFBCMR, dated 27 August 2010.