RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-03092
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be upgraded to general and he be awarded the Good Conduct
Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has suffered an injustice in the character of his discharge. He further
states that upon his reassignment to Whitman AFB, MO, he was told he could
receive an early discharge if he would accept a general discharge. He also
feels that he deserves these awards.
In support of the appeal, applicant submits documents pertaining to his
post service activities.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 29 September 1950, for four
years, in the grade of airman basic.
On 24 November 1954, the applicant’s commander recommended he appear before
a board of officers to consider his fitness to remain in the service. The
commander’s reason for his recommended action was the applicant’s inability
to adapt himself to the requirements expected of an airman of the USAF. In
December 1951, applicant had been court-martialed for being absent without
leave (AWOL) from 27 September to 16 November 1951. In February 1954, he
received his second court-martial for being drunk on station; and his third
court-martial in October 1954, for being drunk on station. On 2 June 1954,
he was given Article 15 punishment for operating a passenger car in a
reckless manner. He had a total of 206 days loss time due to being AWOL,
in civilian confinement, and military confinement. On 6 December 1954, he
voluntarily submitted a request to be discharged. On 16 December 1954,
the discharge authority accepted the application for discharge for
unfitness and directed the applicant be issued an undesirable discharge
certificate.
The applicant, while serving in the grade of airman basic, was discharged
from the Air Force on 23 December 1954 under the provisions of AFR 39-17
(Unfitness) and receive an under other than honorable conditions
(undesirable) discharge. He has already received a Korean War Ribbon, the
National Defense Service Medal. He served 3 years, 7 months, and 29 days
total active service.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report which is attached at
Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Recognition Programs Branch, AFPC/DPPPR, reviewed the
application and states that although the applicant turned his life around
after his discharge from the Air Force, the fact remains that, while on
active duty, his military service was characterized by problems throughout
his period of service. Therefore, he is not eligible for the Good Conduct
Medal. He has already received a Korean War Ribbon, and the National
Defense Service Medal. Therefore, they recommend denial of applicant’s
request.
A complete copy of the evaluation is attached at Exhibit D.
The Military Personnel Management Specialist Separations Branch,
AFPC/DPPRS, reviewed the application and states that the discharge was
consistent with the procedural and substantive requirements of the
discharge regulation. Additionally, it was within the sound discretion of
the discharge authority and the applicant was provided full administrative
due process. The records indicate applicant’s military service was
reviewed and appropriate action was taken. Therefore, they recommend
denial of applicant’s request.
A complete copy of their evaluation is attached at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 May 1999, a copy of the Air Force evaluation was forwarded to
applicant for review and response within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
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. We find no impropriety in the characterization of applicant’s
discharge. It appears that responsible officials applied appropriate
standards in effecting the separation, and we do not find persuasive
evidence that pertinent regulations were violated or that applicant was not
afforded all the rights to which entitled at the time of discharge. We
conclude, therefore, that the discharge proceedings were proper and
characterization of the discharge was appropriate to the existing
circumstances.
4. We also find insufficient evidence to warrant a recommendation that
the discharge be upgraded on the basis of clemency. We have considered
applicant’s overall quality of service, the events which precipitated the
discharge, and available evidence related to post-service activities and
accomplishments. On balance, we do not believe that clemency is warranted.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable material error or injustice; that the application
was denied without a personal appearance; and that 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 this application in Executive
Session on 5 October 1999, under the provisions of AFI 36-2603:
Mrs. Barbara A. Westgate, Panel Chair
Mr. Patrick R. Wheeler, Member
Mr. Edward H. Parker, Member
Ms. Phyllis L. Spence, Examiner (without vote)
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPPR, dated 3 Mar 99.
Exhibit E. Letter, AFPC/DPPRS, dated 21 Apr 99.
Exhibit F. AFBCMR Letter, dated 10 May 99.
BARBARA A. WESTGATE
Panel Chair
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