RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02983
INDEX NUMBER: 110.00
XXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: Yes
_______________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded
to either a General under Honorable Conditions or to Honorable.
_______________________________________________________________
APPLICANT CONTENDS THAT:
His criminal record has been expunged by order of a US District Judge.
He was a youth offender at the time of his original conviction.
Other than the crime for which he received the UOTHC, he has lived a
productive life without problems.
The applicant’s complete submission is at Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
According to information contained in the applicant’s master personnel
file (MPF), he entered the Air Force on 22 May 56 on a four-year
enlistment. He was discharged on 8 Sep 59 with a UOTHC character of
service due to his conviction in civil court for theft of government
property. Pursuant to the Board’s request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a Report of Investigation
pertaining to applicant (Exhibit C).
_______________________________________________________________
AIR FORCE EVALUATION:
The Separations Branch, AFPC/DPPRS, evaluated this application and
recommends that if a check of the Federal Bureau of Investigation (FBI)
files proves negative, the applicant should be granted clemency by
upgrading his discharge to under honorable conditions (general).
The complete evaluation is at Exhibit D.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant did not provide comments on the evaluation by AFPC/DPPRS,
but did comment on his FBI report. The applicant states that he found
errors on the report and has taken steps to get the report corrected.
The applicant’s complete response is at Exhibit F.
The applicant provided a second response detailing his efforts to get
the information in his FBI report corrected. He states that he is
continuing his efforts, but because of the length of time he has been
told it will take, he is providing a letter from the Santa Fe Police
Department showing that they do not have any record on him.
The applicant’s complete submission is at Exhibit G.
_______________________________________________________________
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. The Board was
persuaded that the applicant merits clemency based on the number of
years, 41, which have passed since his discharge and the model life
it appears he has led. The Board also notes that he provided
several letters of support, including many from law enforcement
officials, attesting to his positive contributions to his
community. While the Board acknowledges the Air Force
recommendation to upgrade the applicant’s discharge to under
honorable conditions (general), we believe that the applicant’s
relative youth at the time of his offense and the reasons as stated
above justify an upgrade to fully honorable. Therefore, we
recommend the applicant’s records be corrected as indicated below.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 8 September
1959, he was honorably discharged and furnished an Honorable
Discharge certificate.
___________________________________________________________________
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
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Nov 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 15 Feb 01.
Exhibit D. Memorandum, AFPC/DPPRS, dated 18 Jan 01
Exhibit E. Letter, SAF/MIBR, dated 16 Feb 01.
Exhibit F. Letter, Applicant, dated 2 Mar 01.
Exhibit G. Letter, Applicant, dated 22 Mar 01.
ROBERT W. ZOOK
Panel Chair
AFBCMR 00-02983
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 XXXXXXXXX, XXX-XX-XXXX, be corrected to show that
on 8 September 1959, he was honorably discharged and furnished an
Honorable Discharge certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
f. Vacation of nonjudicial punishment, dated 9 Jul 81, for failure to go to guardmount at the time prescribed. The complete report is at Exhibit F. _______________________________________________________________ APPLICANT”S RESPONSE TO FBI REPORT: A copy of the FBI report was forwarded to the applicant on 23 Oct 01 for review and comment within 30 days. Exhibit D. Letter, SAF/MIBR, dated 14 Sep 01.
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