RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-01268
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His general discharge be upgraded to an honorable discharge.
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:
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated that, on the basis of data furnished, they are
unable to locate an arrest record.
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.
AIR FORCE EVALUATION:
The Separations Branch, HQ AFPC/DPPRS, stated that on 14 Dec 56, the
applicant was advised by his commander that involuntary discharge action
was initiated against him for being an unproductive airman. On 18 Jan 57,
the applicant was discharged, in the grade of airman third class, under the
provisions of AFR 39-16 (Inaptitude) and received an under honorable
conditions (general) discharge. DPPRS indicated that the applicant did not
identify any specific errors in the discharge processing. However,
considering the discharge occurred over 42 years ago, the applicant was
less than 20 years old, had served honorably for more than 1 year and 9
months, and considering the reason for the initiation of the discharge
action, DPPRS recommended clemency. If a check of the Federal Bureau of
Investigation (FBI) files proves negative, DPPRS recommended the discharge
be upgraded to honorable. A complete copy of the evaluation is at Exhibit
C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 1 October
1999 for review and response. As of this date, no response has been
received by this office (Exhibit D).
Pursuant to the Board’s request, the applicant provided correspondence
pertaining to his post-service activities (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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. Although there is no indication
in the evidence provided that the applicant’s service characterization was
erroneous or unjust at the time he was separated, it is our opinion that
the evidence provided is sufficient to warrant the approval of the
requested relief based on clemency. In the more than 42 years since his
separation, there is substantial evidence to indicate that the applicant
has been a productive and valued member of his community. In view of the
foregoing, we believe that the ends of justice would not be served by the
continued imposition of an under honorable conditions (general) discharge.
We therefore recommend that his records be corrected as indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 18 January 1957, he was honorably
discharged and furnished an Honorable Discharge certificate.
The following members of the Board considered this application in Executive
Session on 14 December 1999 and 23 March 2000, under the provisions of AFI
36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. William H. Anderson, Member
Mr. Philip Sheuerman, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 May 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 9 Sep 99.
Exhibit D. Letter, SAF/MIBR, dated 1 Oct 99.
Exhibit E. Letter, AFBCMR, dated 16 Dec 99.
Exhibit F. Post-Service documentation.
CHARLENE M. BRADLEY
Panel Chair
AFBCMR 99-01268
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 18 January 1957, he was
honorably discharged and furnished an Honorable Discharge certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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