RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-00207
INDEX CODE: 110.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable (general) conditions 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 Specialist, Separations Branch, AFPC/DPPRS,
reviewed this application and states that the applicant did not
provide evidence of an error in his discharge case. Nonetheless,
since his discharge occurred over 45 years ago and considering his
outstanding service with the Department of the Navy after his release
from the Air Force, clemency in the form of an Honorable Discharge is
recommended if a check of the FBI files proves negative.
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 2 March 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 to timely file.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of probable injustice regarding the applicant’s request
that his general discharge be upgraded to honorable. No evidence has
been presented which would lead us to believe his discharge was
improper or contrary to the directive under which it was effected.
Nevertheless, after 45 years, and in view of his apparent successful
transition to civilian life, and his outstanding service with the
Department of the Navy, we are of the opinion that upgrading the
service member’s discharge to honorable, based on clemency, would be
appropriate. Further, while we note the FBI report contained several
entries, the last one occurred in 1974, and the outcome of the case
was a year’s probation and 2 days in jail. The member has had a
clean record for 27 years. In view of the applicant’s successful
transition to civilian life, as evidenced by the post-service
documentation he has provided, we are of the opinion that upgrading
the applicant’s discharge to honorable, based on clemency, would be
appropriate. Accordingly, we recommend that the applicant’s general
discharge be upgraded to honorable.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 22 October 1955,
he was honorably discharged and furnished an Honorable Discharge
Certificate.
_________________________________________________________________
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
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 February 2001, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 13 February 2001.
Exhibit E. Letter, SAF/MIBR, dated 2 March 2001.
Exhibit F. Letter, AFBCMR, dated 15 March 2001.
TEDDY L. HOUSTON
Panel Chair
AFBCMR 01-00207
INDEX CODE: 110.00
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction for 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 APPLICANT, SSN, be corrected to show that on 22
October 1955, he was honorably discharged and furnished an Honorable
Discharge Certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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. 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. Exhibit C. FBI Report.
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