RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01022
INDEX NUMBER: 110.02
COUNSEL: DAV
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable or general (under
honorable conditions).
_________________________________________________________________
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:
Based on available military records, applicant enlisted in the Regular
Air Force on 23 Nov 51 in the grade of private (E-1).
On 28 Mar 52, applicant was convicted by Summary Court-Martial for
failure to go at the time prescribed to his appointed place of duty.
He was sentenced to perform hard labor for 20 days and to forfeit
$50.00.
On 18 Apr 52, applicant was convicted by Special Court-Martial for
breaking restriction on or about 6 Apr 52. He was sentenced to
confinement at hard labor (CHL) for one month and forfeiture of $50.00
for one month.
A Report of Proceedings of Board of Officers convened under the
provisions of AFR 39-17, on 10 September 1952, found that applicant
gave evidence of habits (other than those indicating discharge for
physical or mental conditions) which rendered retention in the service
undesirable, and that his excessive use of alcohol, and repeated petty
offenses did not warrant trial by court-martial. The Board
recommended discharge from the service because of unfitness, with an
undesirable discharge.
On 28 Oct 52, he was discharged under the provisions of AFR 39-17 by
reason of unfitness, with an undesirable discharge. He was credited
with 10 months, and 7 days active service (excludes 29 days of lost
time under Art 140, Sec 6a, UCMJ, 1951).
Other facts surrounding his discharge from the Air Force are unknown
inasmuch as the complete discharge correspondence is not available.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided an investigative report which is
attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
On 15 Feb 01, the Separations Branch, HQ AFPC/DPPRS, reviewed the
application and states that the applicant did not provide evidence of
errors in the discharge case; however, since his discharge occurred
over 48 years ago and considering he was only 18 years old with only
petty offenses recorded against him, they recommend clemency. They
also recommended that if the FBI files prove negative, that the
applicant’s discharge be upgraded to under honorable conditions
(general).
A complete copy of the evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 09 Mar 2001, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days (Exhibit E). As
of this date, no response has been received by this office.
On 20 Mar 2001, the FBI Report of Investigation was forwarded to the
applicant for review and comment. At that time, the applicant was
also invited to provide additional evidence pertaining to his
activities since leaving the service (Exhibit F). 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 reviewing the
circumstances surrounding applicant’s separation, we are not persuaded
that the type of discharge he received was either in error or unjust.
We note that the Air Force recommended, provided his FBI report was
negative, that his discharge be upgraded to under honorable conditions
(general) based on clemency. The applicant was provided a copy of the
FBI report and informed that he had failed to provide information
pertaining to his activities since leaving the service. Applicant did
not respond to the request for information on his activities nor
comment on the FBI report. Therefore, in the absence of information
pertaining to his post-service activities, we find no basis upon which
to recommend an upgrade of his discharge at this time.
_________________________________________________________________
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 1 May 2001, under the provisions of AFI 36-2603:
Mr. Robert W. Zook, Panel Chair
Ms. Brenda L. Romine, Member
Ms. Marcia J. Bachman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Oct 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 15 Feb 01.
Exhibit E. Letter, SAF/MIBR, dated 9 Mar 01.
Exhibit F. Letter, AFBCMR, dated 20 Mar 01, w/atch.
ROBERT W. ZOOK
Panel Chair
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