RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01988
INDEX CODE:110.00
COUNSEL: YES
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) 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 is 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.
Examiner’s note: Pursuant to the Board’s request for information, the FBI
indicated that, on the basis of the evidence provided, they were unable to
locate an arrest record pertaining to the applicant (Exhibit E).
_________________________________________________________________
AIR FORCE EVALUATION:
The Separations Procedures Branch, AFPC/DPPRS, states that based upon the
lack of documentation in the file, DPPRS is of the opinion the discharge
was consistent with procedural and substantive requirements of the
discharge regulation. The member did not submit any new evidence or
identify any errors or injustices that occurred in the discharge processing
nor did he provide any facts warranting an upgrade of his discharge.
Therefore DPPRS recommends the applicant’s request be denied (Exhibit C).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 24 August 2001, for review and response. As of this date, no response
has been received by this office.
_________________________________________________________________
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. Even though the applicant has provided no
evidence to show that his discharge was improper or not in compliance with
appropriate directives, it is our opinion that approval of some relief is
warranted in this case. It appears likely that he has led a stable and
productive life and it appears that there is no evidence that he has had
any subsequent involvement of a derogatory nature since his separation from
the Air Force. In light of the above and on the basis of clemency, we
believe an upgrade of his discharge to honorable is warranted.
Accordingly, we recommend that his 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 23 January 1954, he was
honorably discharged and furnished an Honorable Discharge certificate.
_________________________________________________________________
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 Petkoff, Panel Chairman
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 14 May 01 w/atchs.
Exhibit B. Applicant’s Master Personnel Records
Exhibit C. Letter, AFPC/DPPRS, dated 15 Aug 01.
Exhibit D. Letter, SAF/MIBR, dated 24 Aug 01.
Exhibit E. FBI Negative Reply, dated 5 Oct 01.
GREGORY PETKOFF
Panel Chair
AFBCMR 01-01988
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 January 1954, he was
honorably discharged and furnished an Honorable Discharge certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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