RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01754
INDEX CODE: 110.00
APPLICANT COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge on 15 Oct 52 under the
provisions of AFR 39-17 (Unfitness) be upgraded to honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
When he was discharged, he had medical problems causing him to be in and
out of the hospital. Unable to cope with all the problems he was having at
the time, he went absent without leave (AWOL).
In support of the application, the applicant provides a personal statement
(Exhibit A).
A complete copy of the submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant's records were, for the most part, destroyed and efforts at
reconstruction have been unsuccessful.
The relevant facts, extracted from the available record, are contained in
the letter prepared by the apapropriate office of the Air Force.
Accordingly, there is no need to recite these facts in this Record of
Proceedigs.
In response to the Board's request for additional information, a Federal
Bureau of Investigation report was obtained. A copy of the report was
forwarded to the applicant for review and response. As of this date, this
office has received no response (Exhibit E).
___________________________________________________________________
AIR FORCE EVALUATION:
The Seperations Branch, AFPC/DPPRS, indicated the applicant did not claim
or identify any specific errors in his discharge processing. However,
considering the discharge occurred over 49 years ago and cosidering his
otherwise hoboranle service record, DPPRS recommends clemency. Should a
check of the Federal Bureau of Investigation files prove negative, DPPRS
recommends his discharge be upgraded to under honorable conditions
(general).
A complete copy of the advisory is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force Evaluation was forwarded to the applicant for
review and response. As of this date, this office has received no response
(Exhibit D).
___________________________________________________________________
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. After careful consideration of
the available evidence, we found no indication that the actions taken to
effect his discharge were improper or contrary to the provisions of the
governing regulations in effect at the time, or that the actions taken
against the applicant were based on factors other than his own misconduct.
In addition, in view of the contents of the FBI Identification Record we
are not persuaded that the characterization of the applicant’s discharge
warrants an upgrade to honorable on the basis of clemency. Having found no
error or injustice with regard to the actions that occurred while the
applicant was a military member, we conclude that no basis exists to grant
favorable action on his request.
_________________________________________________________________
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 October 24, 2000, under the provisions of AFI 36-2603:
Ms. Patricia D. Vestal, Acting Panel Chair
Ms. Barbara J. White-Olson, Member
Mr. Daniel F. Wenker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Jun 00.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter,AFPC/DPPRS, dated 13 Jul 00.
Exhibit D. Letter, SAF/MIBR, dated 28 Jul 00.
Exhibit E. FBI Report
PATRICIA D. VESTAL
Acting Panel Chair
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