RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-01344
INDEX CODE: 110.00
COUNSEL: None
HEARING DESIRED: No
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
APPLICANT CONTENDS THAT:
He was informed in 1953 that if he accepted an undesirable discharge
that it would automatically be reinstated to an honorable discharge
in a two-year period. He was further advised that he would not be
able to keep his $10,000 insurance policy upon his return to
civilian status. After all these years and his advanced years (age
65), it is a matter of personal pride for him and his grandchildren
to have this discharge upgraded to honorable.
Applicant’s complete submission is attached 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.
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, while applicant did not
identify any specific errors in the discharge processing,
considering the discharge occurred over 45 years ago, they recommend
clemency. If a check of the FBI files proves negative, they
recommend the discharge be upgraded to under honorable conditions
(general).
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
3 Sep 99 for review and response. As of this date, no response has
been received by this office.
A copy of the FBI report was forwarded to applicant on 1 Jun 00 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. After
careful consideration of the available evidence, we found no
evidence that the applicant’s 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 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 27 April 2000 and 12 July 2000, under the
provisions of Air Force Instruction 36-2603:
Mr. Thomas S. Markiewicz, Panel Chair
Mr. Patrick R. Wheeler, Member
Mr. Jackson A. Hauslein, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 May 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 12 Aug 99.
Exhibit E. Letter, AFBCMR, dated 3 Sep 99.
Exhibit F. Letter, AFBCMR, dated 2 Jun 00.
THOMAS S. MARKIEWICZ
Panel Chair
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Based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only...
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