RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-03544
INDEX CODE: 110.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to an under honorable (general)
conditions discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and immature and should have known better. The misuse of
alcohol caused him to lose two stripes. He made a mistake and wishes
he could be granted a second chance. He needs his discharge upgraded
in order to receive medical benefits through the Veterans
Administration.
Applicant's complete submission, with attachments, is attached 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.
Pursuant to the Board’s request, the Federal Bureau of Investigation
(FBI), Washington, D.C., provided an investigative report which is
attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states the applicant did not provide evidence of an error
in his discharge case. Nonetheless, since his discharge occurred over
48 years ago, and in consideration of the type of offenses, the
member's young age, his admission about drinking and the character
letters he submitted, they recommend clemency. If a check of the FBI
files proves negative, they recommend
upgrading the applicant's discharge to under honorable conditions
(general).
A complete copy of the Air Force evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states some of the
arrests on the FBI report he does not remember, as it was so long ago.
He is sorry for what he did and knows that doesn't correct
everything. The applicant further states since that time he has done
no wrong.
Applicant's response is attached at Exhibit F.
_________________________________________________________________
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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After thoroughly reviewing the
evidence of record, the Board majority is not persuaded to recommend
upgrading the discharge. The recommendation of the Air Force is duly
noted, however, the Board majority feels the applicant has failed to
sustain his burden that he has suffered either an error or an
injustice. It appears the applicant was discharged in accordance with
AF policy and the discharge was within the sound discretion of the
discharge authority. Further, the majority notes that even after his
discharge, he apparently had other incidents of misconduct, as
indicated on the FBI report, of which the applicant does not dispute.
In view of the foregoing, the Board majority finds no compelling basis
upon which to recommend the requested relief.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number 01-
03544 in Executive Session on May 7, 2002, under the provisions of AFI
36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Grover L. Dunn, Member
Mr. George Franklin, Member
By majority vote, the Board recommended denying the application. Mr.
Franklin voted to grant correcting the records but he does not desire
to submit a Minority Report. The following documentary evidence was
considered:
Exhibit A. DD Form 149, dated 3 Dec 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 14 Jan 02.
Exhibit E. Letter, SAF/MRBR, dated 18 Jan 02.
Exhibit F. Applicant's Response, dated 3 Apr 02.
VAUGHN E. SCHLUNZ
Panel Chair
AFBCMR 01-00720
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of APPLICANT, SSN
I have carefully considered all the circumstances of this case
and do not agree with the members of the panel that the applicant's
request should be denied.
In view of the minor infractions committed, his young age and
his admission about his problems with alcohol and the recommendation
from the Air Force to upgrade the discharge; I believe applicant's
discharge should be upgraded, on the basis of clemency. In this
respect, I note that the applicant has had to live with the adverse
effect of his undesirable discharge for over 48 years. I believe it
would be an injustice for him to continue to suffer from its
effects.
In view of the above, it is my decision that his discharge be
upgraded to general (under honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AFBCMR 01-03544
INDEX CODE: 110.00
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction for 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, SSN, be corrected to show that on 20
November 1953, he was discharged with the service characterized as
general (under honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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