RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01623
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 1953 undesirable 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,
Clarksburg, WV, indicated that, on the basis of the data furnished,
they are unable to locate an arrest record.
_________________________________________________________________
AIR FORCE EVALUATION:
The Separations Branch, HQ AFPC/DPPRS reviewed this application and
recommended the discharge be upgraded to an under honorable conditions
(general) discharge if a check of the FBI files proves negative.
Considering the discharge was over 47 years ago and the type of
offenses and punishment the applicant received, DPPRS recommended
clemency. A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 27
July 2001 for review and response. As of this date, no response has
been received by this office (Exhibit E).
_________________________________________________________________
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. After reviewing the applicant’s
military service record, we are persuaded that partial relief is
appropriate on the basis of clemency. In this respect, we are in
agreement with the opinion and recommendation of the appropriate Air
Force office, HQ AFPC/DPPRS, that considering the minor nature of
applicant’s misdeeds and the fact that his FBI report indicates no
adverse information over the past 47 years, his discharge should be
upgraded to general. In the absence of any information from the
applicant documenting his activities since leaving the service, we are
not inclined to favorably consider his request for an honorable
discharge. Accordingly, we recommend that the 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 23 December 1953,
he was discharged with service characterized as general (under
honorable conditions).
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 26 September 2001, under the provisions of AFI 36-
2603:
Mr. Gregory H. Petkoff, Panel Chair
Mr. George Franklin, Member
Mr. Albert F. Lowas Jr., Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Jun 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 11 Jul 01.
Exhibit D. Letter, SAF/MIBR, dated 27 Jul 01.
GREGORY H. PETKOFF
Panel Chair
AFBCMR 01-01623
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 APPLICANT be corrected to show that, on 23 December
1953, he was discharged with service characterized as general (under
honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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