RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-01289
INDEX NUMBER: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct 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:
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.
A check of Federal Bureau of Investigation (FBI) files revealed no
negative information (Exhibit B).
___________________________________________________________________
AIR FORCE EVALUATION:
The Separations Branch, AFPC/DPPRS, reviewed this application and
recommended upgrading the discharge to general on the basis of
clemency, provided a check of FBI files proves negative. They
considered Applicant’s excellent proficiency ratings, the severity
of the crime, and his otherwise honorable service record. 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 the applicant
on 3 Sep 99, for review and comment within 30 days (Exhibit D).
Additionally, on 23 Sep 99, the AFBCMR requested that the applicant
provide information pertaining to his activities since leaving the
service (Exhibit E). 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. Sufficient relevant evidence has been presented to demonstrate
the existence of probable injustice. After reviewing the
applicant’s military service record, we are persuaded that partial
relief is appropriate on the basis of clemency. In this respect,
we are in agreement with the opinion and recommendation of the
appropriate Air Force office, HQ AFPC/DPPRS, that considering the
applicant’s age and apparent immaturity at the time of the
incidents, the minor nature of his misdeeds and the fact that his
FBI report indicates no adverse information over the past 45 years,
his discharge should be upgraded to general. In the absence of any
information from the applicant documenting his activities since
leaving the service, we are not inclined to favorably consider his
request for an honorable discharge. Accordingly, we recommend that
the 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 7 September
1954, he was discharged with service characterized as general
(under honorable conditions).
___________________________________________________________________
The following members of the Board considered this application in
Executive Session on 16 November 1999, under the provisions of AFI
36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Patricia D. Vestal, Member
Dr. Gerald B. Kauvar, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 May 99, w/atchs.
Exhibit B. FBI Report.
Exhibit C. Letter, AFPC/DPPRS, dated 16 Aug 99.
Exhibit D. Letter, SAF/MIBR, dated 3 Sep 99.
Exhibit E. Letter, AFBCMR, dated 23 Sep 99.
CHARLENE M. BRADLEY
Panel Chair
AFBCMR 99-01289
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 7
September 1954, he was discharged with service characterized as
general (under honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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