RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02413
INDEX CODE: 110.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He went to town on a pass that was issued to another military member
and visited an off limits establishment. Upon leaving the off limits
establishment he was apprehended by military police. He was court
martialed and confined for the offense. The applicant states that the
trials and errors went on for at least a year before he was
discharged. He feels his being discharged was harsh for the offense.
He was punished with a court martial and confinement. He should have
received an honorable discharge. He feels his lieutenant was the
driving force behind the discharge because the lieutenant was
personally prejudiced against him.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's military personnel records were destroyed by fire in 1973.
The relevant facts pertaining to this application, extracted from the
applicant’s available limited military records, are contained in the
letter prepared by the appropriate office of the Air Force.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report which is attached
at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS states based upon the lack of documentation in the
applicant's file, they believe his discharge was consistent with the
procedural and substantive requirements of the discharge regulations
of that time. Also, the discharge was within the sound discretion of
the discharge authority. DPPRS further recommends clemency based on
the fact there is very little military evidence regarding his
discharge and if the FBI report is negative to upgrade the applicant's
discharge to under honorable conditions (general).
A complete copy of the Air Staff evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states he was confined for 90 days for the offense. He
feels that imprisonment should have been enough. His discharge was
not issued until at least a year after the incident. He should have
been discharged under honorable conditions. He had paid his debt and
he is a good citizen (Exhibit F).
A copy of the FBI report was forwarded to the applicant on 26
December 2001, for review and response. As of this date, no response
has been received by this office (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 of timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After thoroughly
reviewing the evidence of record, we are not persuaded to recommend
upgrading the discharge. The recommendation of the Air Force is duly
noted, however, we have considered the applicant's overall quality of
service while on active duty and his conduct after his discharge and
based on information in his FBI report, we do not believe that
clemency is warranted. In view of the foregoing, we find no
compelling basis upon which to recommend the requested relief.
_________________________________________________________________
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 AFBCMR Docket Number 01-
02413 in Executive Session on 19 February 2002 under the provisions of
AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Ms. Rita J. Maldonado, Member
Ms. Carolyn J. Watkins, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Aug 01, w/atchs.
Exhibit B. Available Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 18 Sep 01.
Exhibit E. Letter, SAF/MIBR, dated 5 Oct 01.
Exhibit F. Letter, Applicant's Response, dated 10 Oct 01.
Exhibit G. Letter, AFBCMR, dated 26 Dec 01.
ROSCOE HINTON, JR.
Panel Chair
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