RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-03119
INDEX CODE: 110.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
_________________________________________________________________
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:
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), Washington, D.C., provided an investigative report which is
attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The Military Personnel Management Specialist, Separation Branch,
AFPC/DPPRS, reviewed the application and states that the applicant
provided no evidence indicating that he was the victim of an error or
an injustice. DPPRS recommends that since the discharge was more than
17 years ago and the applicant had honorable service of more than 2
years, and if a check of FBI Report proves negative, they recommend
clemency and upgrading the applicant’s discharge to honorable.
A complete copy of the evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 16 February 2001, 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 the applicant on 9
March 2001. The applicant states he was charged with driving under
the influence in April 1994 and paid the penalties and fines. He
further states his road to sobriety started in October 1994 and with
the grace of God and becoming a member of Alcohol Anonymous (AA), he
has been living and working a sober life. He is active in church and
the community. He is married with one child and has devoted his life
to assisting the elderly and disabled. His position at Home Instead
Senior Care gives him the opportunity to do this work (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. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. We find no impropriety
in the characterization of applicant’s discharge. It appears that
responsible officials applied appropriate standards in effecting
applicant’s involuntary separation, and we do not find persuasive
evidence that pertinent regulations were violated or that applicant
was afforded all the rights to which entitled at the time of
discharge. Therefore, in the absence of evidence to the contrary, we
find no compelling basis to recommend granting the relief sought in
this application.
4. Further, while the recommendation of the Air Force is duly
noted, based on the misconduct which led to the applicant’s discharge
and the FBI report containing a current entry for similar misconduct,
we find insufficient evidence to warrant upgrading his discharge on
the basis of clemency. In coming to our decision, we considered the
applicant’s overall quality of service and the events which
precipitated his discharge. The applicant provided no documented
evidence of post-service
activities and accomplishments. Therefore, we do not find a
compelling basis upon which clemency is warranted in this case.
_________________________________________________________________
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 3 May 2001 under the provisions of AFI 36-2603:
Henry Romo, Jr., Panel Chair
William H. Anderson, Member
John E. B. Smith, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Dec 00, w/atchs.
Exhibit B. Available Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 8 Jan 01.
Exhibit E. Applicant’s response, 14 Mar 01.
HENRY ROMO, JR.
Panel Chair
On 23 April 1963, the Air Force Discharge Review Board (AFDRB) considered and denied applicant’s appeal for an upgrade of his discharge (Exhibit B). Accordingly, they recommend his records remain the same. After thoroughly reviewing the evidence of record, we find no impropriety in the characterization of applicant's discharge.
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. Pursuant to the Board’s request, the Federal Bureau of Investigation provided a copy of an Investigative Report (FBI No. Exhibit D. FBI Investigation Report #890324C Exhibit E. Letter, SAF/MIBR, dated 24 Aug 01, and AFBCMR, dated 19 Sep 01.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be granted on the basis of clemency, if a check of his Federal Bureau of Investigation, (FBI) record proves negative (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). Applicant should also be informed that this decision is final and will only be reconsidered upon the presentation of new relevant...
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