RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-03232
INDEX CODE: 110.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was based upon crimes that were committed by a very
outspoken, often abused, very young man. He does not want to die with
this stigma hanging over his head. His punishment was too severe. He
has suffered from the effects of this punishment too long.
Applicant’s submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's military personnel records were destroyed by fire and only
limited information is available for review.
The available relevant facts pertaining to this application, extracted
from the applicant’s reconstructed 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 Specialist, Separations Branch, AFPC/DPPRS,
reviewed this application and states that the applicant did not
provide evidence of an error in his discharge case. However, since
the applicant’s discharge was over 45 years ago and considering his
age at the time of his discharge, they recommend clemency. Also, they
recommended if a check of the FBI files proves negative, upgrade the
applicant’s discharge to under honorable conditions (general).
A complete copy of the Air Force 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 9 February 2001 and 15 March 2001, 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. 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 not 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. Based on the activities reflected in the FBI report, we also
find no compelling reason to warrant upgrading his discharge on the
basis of clemency.
_________________________________________________________________
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 8 May 2001 under the provisions of AFI 36-2603:
Mr. Teddy L. Houston, Panel Chair
Mr. John L. Robuck, Member
Mr. Edward H. Parker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 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. Letter, SAF/MIBR, dated 9 Feb 01.
Exhibit F. Letter, AFBCMR, dated 15 Mar 01.
TEDDY L. HOUSTON
Panel Chair
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