RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-03512
INDEX CODE: A61.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The relatively minor nature of his military offenses, as evidenced by
an undesirable instead of punitive discharge, warrants clemency.
In support of his appeal, the applicant provided several post-service
letters.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The majority of the applicant’s records were lost or destroyed. The
available records reflect that, on 10 Sep 57, the applicant was
discharged under the provisions of AFR 39-22 (Civil Court Conviction),
with an undesirable discharge. He was credited with 1 year, 7 months,
and 28 days of active duty service.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided a copy of an investigation report,
which is at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The Separations Branch, AFPC/DPPRS, reviewed this application and
indicated that, in view of the applicant’s supporting documents and
the lack of information concerning his claimed minor civil
involvement, they would have no objections to upgrading the
applicant’s discharge to general.
A complete copy of the DPPRS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant indicated that he has tried to be a role model for his
family and does not have any kind of negative history with the local
authorities. He requests that the Board consider him for at least a
general discharge based on the information he has provided.
Applicant’s complete response is at Exhibit F.
_________________________________________________________________
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 evidence of record
reflects that the applicant received an undesirable discharge as a
result of a civil court conviction. No evidence has been presented
which would lead us to believe that the applicant’s discharge was
improper or contrary to the provisions of the discharge directive
under which it was effected. We reviewed the post-service
documentation provided by the applicant in support of his appeal.
However, due to its limited nature, we do not find the documentation
sufficient to warrant favorable action based on clemency at this time.
In view of the above, we conclude that no basis exists to recommend
favorable action on the applicant’s request that his undesirable
discharge be upgraded to honorable.
_________________________________________________________________
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 2 Nov 99, under the provisions of AFI 36-2603:
Mr. Douglas J. Heady, Panel Chair
Mr. Clarence D. Long III, Member
Ms. Marcia J. Bachman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Dec 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI report.
Exhibit D. Letter, AFPC/DPPRS, dated 10 Mar 99.
Exhibit E. Letter, SAF/MIBR, dated 29 Mar 99.
Exhibit F. Letter, applicant, dated 28 Jul 99.
DOUGLAS J. HEADY
Panel Chair
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