RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-00359
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant proffers no contentions.
In support of his application, the applicant provided copies of an
application to the Air Force Discharge Review Board and his separation
documents (Exhibit A).
_________________________________________________________________
STATEMENT OF FACTS:
During the applicant’s first enlistment, he served from 11 March 1948 to 12
December 1950 and received an honorable discharge, after being
progressively promoted to the rank of sergeant. He reenlisted on 13
December 1950 for six years and served until 7 September 1955, when he was
discharged in the grade of airman basic with an undesirable discharge. His
separation document reveals that he was discharged under the provisions of
AFR 39-17 (Unfitness). He was credited with 7 years, 2 months and 11 days
of total active service. He had served 4 years, 5 months and 9 days of his
last enlistment. Time lost was 186 days.
On 17 April 2001, the Federal Bureau of Investigation (FBI) advised they
were unable to locate any arrest records on the applicant.
_________________________________________________________________
AIR FORCE EVALUATION:
The Separation and Procedures Branch, AFPC/DPPRS, reviewed the applicant’s
request and recommends that the applicant be granted clemency and issued a
General (Under Honorable Conditions) Discharge, contingent upon a negative
check of the FBI files pertaining to the applicant (See Exhibit C)
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 13
April 2001 for review and response. As of this date, this office has
received no response.
_________________________________________________________________
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. Inasmuch as the facts surrounding the
applicant’s discharge are unknown, based on the presumption of regularity
in the conduct of governmental affairs and without evidence to the
contrary, we must assume that his discharge was proper and in compliance
with the applicable directives. Nevertheless, in view of the evidence
provided, we believe that the applicant has been a productive member of
society since his discharge and that it would be an injustice for him to
continue to suffer the adverse effects of his undesirable discharge.
Therefore, on the basis of clemency, we believe an upgrade of discharge to
general (under honorable conditions) is warranted. Based on the limited
evidence available for the Board’s review, we are not persuaded that
further relief in the form of an upgrade of his discharge to honorable is
warranted. Accordingly, we recommend his records be corrected as indicated
below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 7 September 1955 he was
discharged with service characterized as general (under honorable
conditions).
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 7 June 2001, under the provisions of AFI 36-2603:
Thomas S. Markiewicz, Vice Chair
Ms. Diane Arnold, Member
Mr. Lawrence R. Leehy, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 March 2001, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 22 March 2001.
Exhibit D. Letter, SAF/MIBR, dated 13 April 2001.
THOMAS S. MARKIEWICZ
Vice Chair
AFBCMR 01-00359
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 7 September 1955, he was
discharged with service characterized as general (under honorable
conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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