RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01396
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
___________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge be upgraded to
honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
After being raised on the streets of Detroit, he was too young to adapt to
military life and his first sergeant told him his discharge would
automatically be upgraded. He is now 63 years old and needs medical
assistance (Exhibit A).
___________________________________________________________________
STATEMENT OF FACTS:
There are no facts in the member’s records other than his Certification of
Military Service indicating that he enlisted in the Regular Air Force on 27
May 1955 and was discharged on 7 March 1957 under other than honorable
conditions, and a request from the Veteran’s Administration in 1975 stating
that his reason for discharge was unfitness.
___________________________________________________________________
AIR FORCE EVALUATION:
The Separations Branch, AFPC/DPPRS, indicated that based on the lack of
documentation in the applicant’s file, DPPRS believes the discharge was
consistent with procedural and substantive requirements for the discharge
regulation and the discharge was within sound discretion of the discharge
authority. The applicant did not identify any specific errors in the
discharge processing. However, considering the discharge occurred over 44
years ago and his remarks about his young age, DPPRS recommends clemency.
If a check of the Federal Bureau of Investigation files proves negative,
DPPRS recommends the discharge be upgraded to a general (under honorable
conditions) discharge (Exhibit C).
Pursuant to the Board’s request, the FBI provided a copy of an
Investigation Report pertaining to the applicant (Exhibit E).
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force Evaluation was forwarded to the applicant on 22
June 2001 for review and response. As of this date, this office has
received no response (Exhibit D).
On 16 July 2001 the FBI report was forwarded to the applicant for review
and response. Additionally, he was invited to provide evidence pertaining
to his post-service activities for the Board’s review. As of this date,
this office has received no response (Exhibit F)
___________________________________________________________________
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
effect his discharge for unfitness were improper or contrary to the
provisions of the governing regulations in effect at the time. 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 exists to grant
favorable action on his request.
_________________________________________________________________
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 21 August 2001, under the provisions of AFI 36-2603:
Mr. John L. Robuck, Panel Chair
Mr. Edward H. Parker, Member
Mr. Billy C. Baxter, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 May 01.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 7 Jun 01.
Exhibit D. Letter, SAF/MIBR, dated 22 Jun 01.
Exhibit F. FBI Report No. 97307C, dated 02 Jul 01.
JOHN L. ROBUCK
Panel Chair
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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