RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-00004
INDEX CODE: A50.00, A50.03
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was promoted to the grade of staff sergeant and served proudly
for 10 years. After he returned from Vietnam, he became addicted to
alcohol. He feels the Air Force should have offered him counseling
in that area because of his past excellent service.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Prior to the events under review, the applicant had two periods of
honorable service; 29 Aug 60 – 28 May 65, and 1 Sep 65 – 2 Sep 68.
On 3 Sep 68, he reenlisted in the RegAF for a period of four years
in the grade of staff sergeant. The record contains three
performance reports rendered during this enlistment, with overall
ratings of 2, 3 (referral), and 4.
The record reflects that applicant received nonjudicial punishment
under the provisions of Article 15, Uniform Code of Military Justice
(UCMJ), on 26 Jun 70 for failure to go at the time prescribed on or
about 12 Jun 70. Punishment consisted of a suspended reduction in
grade from staff sergeant to sergeant and forfeitures of $50 per
month for two months. On 18 Aug 70, the commander vacated the
suspended reduction due to the applicant being absent without leave
(AWOL) from 22 Jul 70 to 10 Aug 70.
The pertinent facts surrounding the applicant’s discharge are not
contained in the available records. Applicant’s DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge)
reflects that he was discharged on 20 Nov 70, under the provisions
of AFM 39-12, Chapter 2, Section B, (Unfitness – Frequent
Involvement in Incidents of a Discreditable Nature With Civil or
Military Authorities), with an under honorable conditions (general)
discharge, in the grade of sergeant. He was credited with 10 years,
2 months, and 22 days of active service (includes prior periods of
service).
Pursuant to the Board’s request, the Federal Bureau of Investigation
(FBI), Clarksburg, West Virginia, provided an investigative report
which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The Military Personnel Management Specialist, AFPC/DPPRS, reviewed
this application and indicated that, based upon their review of
available records, considering applicant was discharged over 29
years ago and considering his otherwise lengthy honorable service,
they recommend clemency. If a check of the FBI files proves
negative, they recommend his discharge be upgraded to honorable.
A complete copy of the Air Force evaluation is attached at
Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
21 Apr 00 for review and response. As of this date, no response has
been received by this office.
On 8 Jun 00, a copy of the FBI Report was forwarded to applicant for
review and response. 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. Inasmuch
as the facts surrounding the applicant’s discharge are unknown,
based on the presumption of regularity in the conduct of
governmental affairs and without evidence to the contrary, we must
assume that his discharge was proper and in compliance with the
applicable directives. In addition, in view of the contents of the
FBI Identification Record, we are not persuaded that the applicant’s
discharge warrants an upgrade to fully honorable on the basis of
clemency. Therefore, based on the available evidence of record, we
find no basis upon which to favorably consider this application.
_________________________________________________________________
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 12 October 2000, under the provisions of Air
Force Instruction 36-2603:
Mr. Patrick R. Wheeler, Panel Chair
Ms. Margaret A. Zook, Member
Mr. Jackson A. Hauslein, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Feb 00.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFPC/DPPRS, dated 30 Mar 00.
Exhibit E. Letter, AFBCMR, dated 8 Jun 00.
PATRICK R. WHEELER
Panel Chair
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