RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01752
INDEX CODE: 110.00
Applicant COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 1954 bad conduct 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 applicant is currently separated and 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 at Exhibit C.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, WV, provided an investigative report pertaining to the
applicant (Exhibit D).
_________________________________________________________________
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 45 years ago, the known facts of
his discharge and the lack of documentation, DPPRS recommended
clemency. The complete advisory is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 3
August 2001 for review and response. As of this date, no response has
been received by this office (Exhibit E).
Pursuant to the Board’s request for additional information pertaining
to his post-service activities, the applicant submitted a personal
statement and two letters in support of his request. The applicant’s
complete submission with attachments is at 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 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 known facts of his
discharge and the fact that his FBI report indicates no adverse
information over the past 40 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 to the extent
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 18 November 1954,
he was discharged with service characterized as general (under
honorable conditions).
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 10 October 2001 and on 6 November 2001, under the
provisions of AFI 36-2603:
Mr. Jackson Hauslein, Panel Chair
Ms. Mary C. Johnson, 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 21 Jun 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 27 Jul 01.
Exhibit D. FBI Investigative Report No.200246C.
Exhibit E. Letter, SAF/MIBR, dated 3 Aug 01.
Exhibit F. AFBCMR Letter, dated 11 Oct 01, w/atch.
Exhibit G. Applicant’s Response dated 19 Oct 01, w/atchs.
JACKSON HAUSLEIN
Panel Chair
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AF | BCMR | CY2004 | BC-2003-03986
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