RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-03228
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In light of his situation at the time of his discharge and the
recommendation from his commander, he was not afforded sufficient due
process. The evidence submitted in support of the appeal is 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.
_________________________________________________________________
AIR FORCE EVALUATION:
The Military Personnel Management Specialist, AFPC/DPPRS, reviewed the
application states that the applicant did not provide any evidence of error
in his discharge case. However, since the discharge occurred over 16 years
ago and considering his otherwise honorable service, if a check of the
Federal Bureau of Investigation files proves negative, DPPRS recommends
clemency and the discharge be upgraded to honorable (Exhibit C).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation and the Federal Bureau of
Investigation reports (Exhibit E) was forwarded to the applicant. 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 indication that the actions taken to
affect the applicant’s discharge were improper or contrary to the
provisions of the governing regulation 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 characterization of
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 exits to grant favorable action on his request.
_________________________________________________________________
THE BOARD RECOMMENDS 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 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 5 Nov 00, w/atchs.
Exhibit B. Applicant’s Master Personnel Records
Exhibit C. Letter, AFPC/DPPRS, dated 9 Jan 01.
Exhibit D. Letters, SAF/MIBR, and AFBCMR dated 16 Feb 01 and
9 Jan 01.
Exhibit E. FBI Report, No, 924888T7 and 81922FAO, dated 15 Feb 01.
ROBERT W. ZOOK
Panel Chair
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Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, provided an investigative report which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The Separations Branch, HQ AFPC/DPPRS, stated that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing. Since his discharge occurred over 48 years ago and considering he was only 19...
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a report of Applicant’s arrest record (Exhibit C). After a thorough review of the evidence of record and applicant’s submission, we are unpersuaded that relief should be granted. Exhibit E. Letter, SAF/MIBR, dated 19 May 00.
On 6 Feb 58, the commander recommended the applicant be discharged from the Air Force under the provisions of AFR 39-22 (Conviction by Civil Court) with an undesirable discharge. Considering that the discharge occurred over 43 years ago and the type of offense committed by the applicant, the appropriate office of the Air Force has indicated that they would recommend clemency if a check of the FBI files proves negative. Exhibit E. Letter, SAF/MRBR, dated 2 Nov 01.
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