RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-03293
INDEX CODE: 110.00
XXX XX XXXX COUNSEL: NONE
XXX XXX XXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
satisfactory.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and
the evidence submitted in support of the appeal are at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by the
appropriate office of the Air Force. Accordingly, there is no need to
recite these facts in this Record of Proceedings.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report which is attached at
Exhibit E.
_________________________________________________________________
AIR FORCE EVALUATION:
The Directorate of Personnel Program Management, HQ AFPC/DPPRS, reviewed
this application and states that on 10 February 1956, applicant’s commander
requested that he be involuntarily discharge for civil conviction. The
commander indicated in his letter of recommendation that applicant had been
convicted by civil court for possession of narcotics. Commander indicated
applicant was tried and sentenced to sixty days in the County jail and
given three years probation, after pleading guilty of the violation. On 16
February 1956, the discharge authority approved the recommendation for
discharge and directed the applicant be given an under other than honorable
conditions (undesirable) discharge.
Applicant had three years satisfactory service except for one incident for
fist fighting. In their review of the applicant’s overall record, they
would have no objections to an upgrade of his discharge to under honorable
conditions (general).
A complete copy of the Air Force evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 18 January 1999, a copy of the Air Force evaluation was forwarded to the
applicant for review and response within thirty 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. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. The Air Force in their advisory
of 30 December 1998, indicate that in their review of the applicant’s
overall record they would have no objection to upgrading applicant’s
discharge to general. However, based on the offense of possession of
narcotics and sentenced to sixty days in a county jail, we do not believe
that an upgrade of his discharge is warranted. Therefore, favorable action
on this appeal is not recommended.
_________________________________________________________________
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 9 December 1999, under the provisions of AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Gregory H. Petkoff, Member
Dr. Gerald B. Kauvar, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 November 1998, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 30 December 1998.
Exhibit D. Letter, SAF/MIBR, dated 18 January 1999.
Exhibit E. FBI Report.
VAUGHN E. SCHLUNZ
Panel Chair
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