RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 97-02613
INDEX CODE: A02.33
COUNSEL: VETERANS OF FOREIGN
WARS
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge from the Air Force Reserve be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served honorably in both World War II and the Korean War. He
received a general discharge with no explanation. He now requests
that his record be corrected and he receive the honorable discharge he
deserves.
In support of his appeal, the applicant provided extracts from his
military personnel records.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Available documentation indicates that the applicant was discharged
from all appointments in the Air Force Reserve on 11 Jul 55 under the
provisions of AFR 35-6 and furnished a general discharge (under
honorable conditions). Prior to the matter under review, the
applicant was progressively promoted to the Reserve grade of captain.
On 10 Feb 98, the applicant requested that his application be
withdrawn.
By letter, dated 24 Nov 98, the applicant requested that his appeal be
reopened for consideration by the Board. He also provided additional
documentary evidence, which consisted of supportive statements
(Exhibit C).
Pursuant to the Board's request, the Federal Bureau of Investigation,
, indicated on the basis of the data furnished, they were unable to
locate an arrest record.
_________________________________________________________________
AIR FORCE EVALUATION:
The Retirements and Separations Division, , reviewed this application
and recommended denial. DPAD indicated that the applicant did not
identify any specific errors in the discharge processing nor did he
provide any facts which warranted an upgrade of the discharge he
received.
A complete copy of the DPAD evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluation were forwarded to applicant and
counsel on 19 Jan 98 and 26 Oct 99 for review and response. As of
this date, no response has been received by this office (Exhibits E
and 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. No evidence has been
presented which would lead the Board to believe that the applicant’s
general discharge was improper or contrary to the directive under
which it was effected. Nevertheless, in view of the passage of time,
and the post-service documentation provided, a majority of the Board
believes that upgrading his discharge to honorable, based on clemency,
would be appropriate. Accordingly, the Board majority recommends that
the applicant’s general discharge be upgraded to honorable.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that, on 11 Jul 55, he was
honorably discharged from all appointments and furnished an Honorable
Discharge certificate.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 27 Jan 00, under the provisions of AFI 36-2603:
Mr. Charles E. Bennett, Panel Chair
Mr. Gregory H. Petkoff, Member
Mr. Charlie E. Williams, Jr., Member
By a majority vote, the Board voted to correct the records, as
recommended. Mr. Williams voted to deny the appeal but did not desire
to submit a minority report. The following documentary evidence was
considered:
Exhibit A. DD Form 149, dated 27 Aug 97, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, applicant, dated 24 Nov 98, w/atchs.
Exhibit D. Letter, ARPC/DPAD, dated 22 Dec 97.
Exhibit E. Letter, SAF/MIBR, dated 18 Jan 98.
Exhibit F. Letter, AFBCMR, dated 26 Oct 99.
CHARLES E. BENNETT
Panel Chair
AFBCMR 97-02613
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 , , be corrected to show that, on 11 Jul 55, he was
honorably discharged from all appointments and furnished an Honorable
Discharge certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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