AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
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DOCKET NO: 98-00147
COUNSEL: NONE
HEARING DESIRED: NO
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Applicant requests that his under other than honorable conditions
discharge be upgraded to honorable. Applicant's submission is at
Exhibit A.
The appropriate Air Force office evaluated applicant's request
and provided an advisory opinion to the Board recommending the
application be denied (Exhibit C). The advisory opinion was
forwarded to the applicant for review and response (Exhibit D) .
As of this date, no response has been received by this office.
After careful consideration of applicant's request and the
available evidence of record, we find insufficient evidence of
error or injustice to warrant corrective action. The facts and
opinions stated in the advisory opinion appear to be based on the
evidence of record and have not been rebutted by applicant.
Absent persuasive evidence applicant was denied rights to which
entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we find no basis to
disturb the existing record.
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Accordingly, applicant's request is denied.
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The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and
will only be reconsidered upon the presentation of new relevant
evidence which was not reasonably available at the time the
application was filed.
Members of the Board, Mr. David C. Van Gasbeck, Mr. Michael P.
Higgins, and Mr. Thomas S. Markiewicz considered this application
on 17 June 1998, in accordance with the provisions of Air Force
Instruction 3 6 - 2 6 0 3 , and the governing statute, 10 U.S.C. 1552.
Exhibits :
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D. SAF/MIBR Ltr Forwarding Advisory Opinion
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR FORCE PERSONNEL CENTER
RANDOLPH AIR FORCE BASE TEXAS
MEMORANDUM FOR AFBCMR
FROM: HQ AFPC/DPPRS
550 C Street West Ste I1
Randolph AFB TX 78 150-471 3
SUBJECT: Application for Correction of Military Records -4-
The applicant, while serving in the grade of airman second class, was discharged fkom the Air
Force 21 Sep 64 under the provisions of AFR 39-22 (Civil Court Conviction) and received an
under other than honorable conditions discharge. He served 03 years, 01 month and 12 days total
active service
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Reauested Action. The applicant is requesting that his under other than honorable conditions
discharge be upgraded to honorable.
Basis for Request. Applicant claims he convicted in civil court for grand larceny and he was not
guilty.
Facts. On 21 Aug 64, applicant’s commander recommended that the applicant be eliminated
fiom the Air Force under AFR 35-22 based on his conviction in civil court for grand larceny and
sentenced to five (5) years confinement. An Order of Probation in the Circuit Court was issued
on 22 Jul64, stating the defendant had entered a pleas of guilty and had never before been
convicted of a felony in that state, placed him on probation for 18 months. On 2 f Aug 64,
applicant made application for an undesirable discharge in lieu of a Board of Officers. In his
application, applicant indicated that legal counsel had been made available to him and that he
understood that if the application was approved, his separation ftom the Air Force may be under
conditions other than honorable and that he may receive an undesirabfe discharge. The
applicant’s application for discharge without benefit of Board Proceedings was approved on 16
Sep 64 and the discharge authority directed that he be issued an under other than honorable
conditions discharge.
Discussion. This case has been reviewed and the discharge was consistent with the procedural
and substantive requirements of the discharge regulation and was within the discretion of the
discharge authority and that the applicant was provided fir11 administrative due process. The
records indicate member’s military service was reviewed and appropriate action was taken.
98001 47
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Recommendation. Applicant did not submit evidence or identitjr any errors in the discharge
processing nor provide facts which warrant an upgrade of the discharge he received over 33 years
ago. Accordingly, we recommend appiicant's request be denied. He has not filed a timely request.
JOHN C. WOOTEN, GS-9
Military Personnel Mgmt Spec
Separations Branch
Dir of Personnel Program Management
98001 47
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