RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02284
INDEX CODE: A79.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was singled out and discharged due to the convenience of the government.
Of all of the 7-8 men who were sitting around reading hometown newspapers,
he was the only one who got into trouble and was punished “as an example.”
In support of his appeal, the applicant provided copies of his discharge
documents, a copy of DD Form 293, Application for the Review of Discharge
or Dismissal from the Armed Forces, and other documents associated with the
issue under review.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member who was discharged with a general (under
honorable conditions) discharge on 7 October 1958, under the provisions of
AFR 39-16 (Discharge for inaptitude or unsuitability - other reasons) and
Letter, Department of the Air Force, dated 1 December 1955, “Discharge of
Airmen During Their First Enlistment.” He had served 2 years and 5 months
on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated that on the basis of the data furnished, they
were unable to locate an arrest record (Exhibit C).
The remaining 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 D.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends that the application be denied. The discharge was
consistent with the procedural and substantive requirements of the
discharge regulation. The discharge was within the discretion of the
discharge authority. The applicant did not submit any evidence or identify
any errors or injustices that occurred in the discharge processing. The
complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 7
September 2001, for review and response within 30 days (Exhibit E).
Additionally, the AFBCMR staff requested that he provide information
pertaining to his activities since leaving the Air Force (Exhibit F, with
attachment). The applicant’s response, 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. The Board majority finds no error or injustice in the characterization
of the applicant’s discharge. It appears that responsible officials
applied appropriate standards in effecting the applicant’s separation, and
we do not find persuasive evidence that pertinent regulations were violated
or that applicant was not afforded all of the rights to which he was
entitled at the time of discharge. The Board majority concludes,
therefore, that the discharge proceedings were proper and the
characterization of the discharge was appropriate to the existing
circumstances. Nevertheless, while the Board majority does not condone the
behavior that led to the applicant’s discharge, we note that he has led an
exemplary life since his discharge and he has provided documentation of his
accomplishments and community involvement. It appears he has been a model
citizen for over 40 years. Therefore, the Board majority finds that an
upgrade of the characterization of his discharge to honorable is warranted
on the basis of clemency.
_________________________________________________________________
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 October 1958, he was honorably
discharged and furnished an Honorable Discharge certificate.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 28 November 2001, under the provisions of AFI 36-2603:
Mr. Terry A. Yonkers, Panel Chair
Mr. Michael V. Barbino, Member
Mr. Michael K. Gallogly, Member
By a majority vote, the Board voted to upgrade the applicant’s discharge to
honorable. Mr. Barbino voted to deny the request but did not desire to
submit a minority report. The following documentary evidence was
considered:
Exhibit A. DD Form 149, dated 6 Aug 2001, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Record, dated 10 Oct 2001.
Exhibit D. Letter, AFPC/DPPRS, dated 28 August 2001.
Exhibit E. Letter, SAF/MIBR, dated 7 Sep 2001.
Exhibit F. Letter, AFBCMR, dated 18 Oct 2001, w/atch.
Exhibit G. Letter, Applicant, dated 13 Nov 2001, w/atchs.
TERRY A. YONKERS
Panel Chair
AFBCMR 01-02284
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 October 1958, he was honorably
discharged and furnished an Honorable Discharge certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends the application be denied. The evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Counsel’s response to the evaluation is attached at Exhibit F. On 5 October 2001, the Board staff requested the applicant provide post- service documentation within thirty (30) days. Exhibit B.
AFBCMR 01-01819 INDEX NUMBER: 110.02 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36- 2603, the applicant's records will be corrected as set forth in...
INDEX CODE: 128.02 AFBCMR 01-02095 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: APPLICANT Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in...
The evaluation is at Exhibit C. AFPC/DPPAE states that they find no documentation to support the Reenlistment Eligibility (RE) code of 2P, “Absent without leave (AWOL); deserter or dropped from rolls (DFR).” However, based on documentation and member’s narrative reason for separation “marginal performer” they recommend the applicant’s code be changed to 2C “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” which they feel...
Therefore, we recommend that her 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 29 September 1998, she executed an SGLI Form 8714, Application for Veterans’ Group Life Insurance (VGLI), effective 1 May 1999. TERRY A. YONKERS Panel Chair AFBCMR 01-02078 MEMORANDUM FOR THE CHIEF OF...
The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). The advisory opinions were forwarded to the applicant for review and response, within 30 days (Exhibit D). After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action.
AFBCMR 01-01542 INDEX CODE: 100.00 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: APPLICANT Having carefully reviewed this application, we agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in the accompanying Memorandum for...
The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). The advisory opinions were forwarded to the applicant for review and response (Exhibit D). The facts and opinions stated in the advisory opinions appear to be based on the evidence of record and have not been rebutted by applicant.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action.
They considered the length of time since discharge, the reason for the discharge, and the applicant’s otherwise honorable service. Additionally, on 5 February 2001, the AFBCMR staff provided the applicant copies of the FBI report and the Information Bulletin, for review and response within 30 days (Exhibit E). Exhibit B.