RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-00166
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told in 1958 when he was discharged that he could get his
bad conduct discharge changed to an honorable. His house burned a
few years ago and he lost all of his papers.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Prior to the period of service under review, the applicant served
honorably in the Regular Air Force (RegAF) during the period 9 Sep
52 to 11 Sep 56.
On 12 Sep 56, applicant reenlisted in the RegAF for a period of six
years in the grade of airman third class.
On 29 Oct 58, applicant was notified that his commander initiated
discharge action against him under AFR 39-17. Legal counsel was
made available to him. Applicant waived his entitlement to appear
before a board of officers and requested discharge, without benefit
of board proceedings. On 30 Oct 58, the commander requested the
applicant be discharged under the provisions of AFR 39-17. The
reasons for the commander’s actions were as follows:
(a) 16 Feb 58 - Violation of Iceland Defense Force
(IDF) Memo 10 - 2 (Being off base without a valid liberty pass).
(b) 16 Mar 58 - Failure to report for work on time.
(c) 20 Mar 58 - Leaving assigned place of duty without
being properly relieved.
(d) 3 Apr 58 - Failure to report for work on time.
(e) 9 Apr 58 - Failure to report for work on time.
(f) 14 Apr 58 - Violation of IDF Memo 10 - 2 (Being off
base without a valid liberty pass).
(g) 5 May 58 - Violation of IDF Memo 10 - 2 (Being off
base without a valid liberty pass).
(h) 22 Jun 58 - Applicant signed out in squadron
Orderly Room for sick call. He did not go to sick call and did not
report for work.
(i) 17 Aug 58 - Late for work, failure to perform
assigned duties by not responding to two alarm calls.
(j) 19 Aug 58 - In restricted area and possession of
faulty Identification Card.
(k) 4 Sep 58 - Violation of IDF Memo 10 - 2 (Being off
base without a valid liberty pass).
(l) 26 Sep 58 - Failure to report for work on time.
(m) 27 Oct 58 - Violation of IDF Memo 10 - 2 (Being off
base without a valid liberty pass).
Applicant received a Summary Courts-Martial on 19 May 58 for
violation of IDF Memo 10 - 2 (Being off base without a valid
liberty pass). He also received three Article 15’s: Violation of
Article 86 - Failure to Repair; Violation of Article 92 - Violation
of a lawful regulation. Article 92 was violated on two different
occasions.
The commander indicated that the applicant was given numerous
verbal reprimands by his supervisors to induce him to repair. He
had also been counseled by the Adjutant in an effort to determine
his problems and help him accept military service and to repair,
but without success. He had also been given three Article 15s:
one for failure to repair and two for violation of IDF Memo 10 - 2,
Curfew and Pass Violation. The commander indicated that in spite
of the measures taken, the applicant still was unwilling to perform
his assigned duties in a manner which would make him useful to the
Air Force. It was the commander’s opinion that further
rehabilitation measures, short of prolonged skilled counseling,
would be futile.
On 25 Nov 58, applicant was discharged from the Air Force under the
provisions of AFR 39-17 (Unfitness) with an undesirable discharge
in the grade of airman third class. He was credited with 2 years,
2 months, and 14 days of active service.
Pursuant to the Board’s request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, provided an investigative
report which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The Military Personnel Management Specialist, AFPC/DPPRS, reviewed
this application and indicated that applicant did not provide
evidence of error in his discharge case. However, since his
discharge occurred over 42 years ago and considering he had
honorably served one complete prior enlistment in the Air Force
before his misconduct warranted an involuntary separation, they
recommend clemency. If a check of the FBI files proves negative,
they recommend his discharge be upgraded 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:
A copy of the Air Force evaluation was forwarded to applicant on
2 Mar 01 for review and response. As of this date, no response has
been received by this office.
On 20 Mar 01, a copy of the FBI report was forwarded to the
applicant for review and response. In addition, he was requested
to provide information pertaining to his activities since leaving
the service (see Exhibit F).
On 23 Mar 01, applicant’s physician provided a statement indicating
the applicant was under his medical care (see 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 finds no
impropriety in the characterization of applicant's discharge. It
appears that responsible officials applied appropriate standards in
effecting the 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.
Nevertheless, while we do not condone the behavior which led to
the applicant’s undesirable discharge, we noted his four years of
honorable service prior to the period of service under review and
believe it would be an injustice for him to continue to suffer the
adverse effects of the discharge he received almost 43 years ago.
Therefore, we believe an upgrade of the characterization of his
service to one under honorable conditions (general) is warranted on
the basis of clemency. However, in view of his overall record of
service, we are not persuaded that further relief in the form of a
fully honorable discharge is warranted.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 25 Nov 58, he
was discharged with service characterized as general (under
honorable conditions).
_________________________________________________________________
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 10 Jan 01.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 21 Feb 01.
Exhibit D. Letter, AFPC/DPPRS, dated 12 Feb 01.
Exhibit E. Letter, AFBCMR, dated 2 Mar 01.
Exhibit F. Letter, AFBCMR, dated 20 Mar 01.
Exhibit G. Letter fr M.D., dated 23 Mar 01.
ROBERT W. ZOOK
Panel Chair
INDEX CODE: 110.00
AFBCMR 01-00166
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, be corrected to show that on 25 November 1958,
he was discharged with service characterized as general (under
honorable conditions).
JOE G.
LINEBERGER
Director
Air Force
Review Boards Agency
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