RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02359
INDEX CODE: 110.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to a general discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The punishment he received for the misconduct he committed was too
severe. He states there were discrepancies in the court martial trial
regarding the actions of CQ clerk in waking him up for his Article 15
duty. He also states his attorney exhibited poor defense actions.
In support of his appeal, the applicant submitted records of civilian
employment and extracts from his available military personnel records.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 28 Aug 51, for a
period of four (4) years in the grade of private.
During the period of Jan 52 through Jun 52, the applicant had seven
records of being absent without leave (AWOL). He was court-martialed
for being AWOL. He was court-martialed a second time for failing to
obey a lawful order and being AWOL. His records show he served three
military confinements.
On 16 Mar 55, the applicant was discharged in the grade of airman
basic, under the provisions of AFR 39-17 (Unfitness - Board Hearing)
and given an under other than honorable conditions discharge (UOTHC).
He served 2 years, 11 months and 14 days of active service.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report which is attached
at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The Military Personnel Specialist, Separations Branch, AFPC/DPPRS,
reviewed this application and states that member’s records show he had
repeated infractions and the attempts to rehabilitate him were
unsuccessful. DPPRS believes the applicant’s discharge was consistent
with the procedural and substantive requirements of the discharge
regulation and was within the discretion of the discharge authority.
Also, the applicant did not submit persuasive evidence of error or
injustice to warrant an upgrade of his discharge. Therefore, they
recommend denying the applicant’s request.
A complete copy of the Air Staff evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluation and the FBI report were forwarded
to the applicant on 13 Oct 00 and 15 Dec 00, respectively, 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 of timely file.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of probable injustice regarding the applicant’s request
that his UOTHC discharge be upgraded to general. No evidence has
been presented which would lead us to believe his discharge was
improper or contrary to the directive under which it was effected.
Nevertheless, in view of the applicant’s successful transition to
civilian life, as evidenced by the post-service documentation he has
provided, we are of the opinion that upgrading the applicant’s
discharge to general, based on clemency, would be appropriate.
Accordingly, we
recommend that the applicant’s under other than honorable conditions
discharge be upgraded to general.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 16 March 1955, he
was discharged with the service characterized as general (under
honorable conditions).
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 8 February 2001, under the provisions of AFI 36-
2603:
Mr. Patrick R. Wheeler, Panel Chair
Ms. Roger E. Willmeth, Member
Mr. John E. Pettit, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 August 2000, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 26 September 2000.
Exhibit E. Letter, SAF/MIBR, dated 13 October 2000.
Exhibit F. Letter, AFBCMR, dated 15 December 2000.
PATRICK R. WHEELER
Panel Chair
AFBCMR 00-02359
INDEX CODE: 110.00
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction for 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 APPLICANT, SSN, be corrected to show that on 16 March 1955,
he was discharged with the service characterized as general (under
honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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