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AF | BCMR | CY1998 | 9801845
Original file (9801845.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NO:  9 8 - 0 1 8 4 5  

COUNSEL:  NONE 
HEARING DESIRED:  NO 

.FEB 1 9  1999 

Applicant  requests  that  his  general  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). 
Applicant's  response to the advisory opinion is at Exhibit E. 

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  adequately  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. 

Accordingly, applicant's request is denied. 
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.  Michael  P.  Higgins,  Mr.  William E. 
Edwards, and Mr. Patrick R. Wheeler considered this application 
on 1 December 1 9 9 8   in accordance with the provisions of Air Force 
Instruction 3 6 - 2 6 0 3 ,   and the governing statute, 10, U.S.C. 1552-. 

Panel Chair 

Exhibits: 

A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D. 
E.  Applicant's Response 

SAF/MIBR Ltr Forwarding Advisory Opinion 

D E P A R T M E N T  O F  T H E  A I R   FORCE 

H E A D Q U A R T E R S  AIR  FORCE  P E R S O N N E L C E N T E R  

R A N D O L P H  AIR  FORCE  BASE TEXAS 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPCDPPRS 

550 C Street West Ste 11 
Randolph AFB TX  78 150-471 3 

The applicant, while serving in the grade of airman basic, was discharged from the Air Force 11 
Jun 65 under the provisions of AFM 39-17 Qvhsconduct-Frequent Involvement of a Discreditable 
Nature) with an under honorable conditions (general) discharge.  He served 02 years 01 month 
and 26 days total active service. 

Requested Action.  Applicant is requesting an upgrade of his discharge to honorable. 

Basis for Request.  Applicant claims he was not given legal representation nor given a chance 

to defend himself 

Facts.  On 14 May 65, applicant was notified by his commander that involuntary discharge 
action had been initiated against him for his frequent involvement of a discreditable nature with 
military and civil authorities.  The commander indicated applicant had been given Art 15 action 
because he consumed alcohol in the barracks, given a second Art 15 for leaving his appointed 
place of duty, was convicted in civil court for petty larceny.  Military counsel was appointed to 
assist the applicant.  After consulting an appointed military legal counsel, applicant signed a 
waiver of his right to a hearing before a board of officers.  The case was reviewed by the base 
legal office and was found to be legally sufficient to support discharge.  The discharge authority 
approved the recommendation for discharge on 17 Jun 65 and directed that the applicant be 
fbrnished a general discharge certificate without probation and rehabilitation. 

Discussion.  This case has been reviewed for separation processing and there are no errors or 

irregularities causing an injustice to the applicant.  The discharge complies with directives in effect 
at the time of his discharge.  The records indicate member’s military service was reviewed and 
appropriate action was taken. 

Recommendation. Applicant did not identifl any specific errors in the discharge processing nor 

provide facts which warrant an upgrade of the discharge he received over 33 years ago.  He was 
provided legal representation and he voluntarily waive his right to a board hearing.  Accordingly, 
we recommend applicant’s request be denied.  He has not filed a timely request. 

JOHN C. WOOTEN, DAF 
Military Personnel Mgmt Spec 
Separations Branch 
Dir of Personnel Program Management 

I 



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