RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-03602
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had served an unblemished career and was reassigned to Elmendorf AFB,
AK. While at Elmendorf AFB he received his Good Conduct Medal and was
provided a form concerning his reenlistment. One night after attending a
social dance at a club he and several of his barracks friends, who had
formed a club, were walking from the social dance to another party. An
individual driving by stopped and offered them a ride. They offered him an
opportunity to join their club. When the driver of the vehicle used a
racial slur directed at the applicant, his friends, who were white and
Puerto-Rican became angry and made him get out of his car and took his
jacket. They drove away in his car and realizing that he could only
survive in -40 degree temperature for around 30 minutes, they returned to
pick him up. However, he had found a taxi and was gone. The police were
called and each was charged with strong-armed robbery. On the advice of
his lawyer, he plead guilty, received a deferred sentence, and was
subsequently discharged from the Air Force.
Since the incident, he has been married twice, once for 14 years and the
other for 22 years. He has four children. He has been a minister for the
past 31 years, pastoring churches all over Texas, and is currently the
pastor of two churches in Texas.
In support of his request, applicant has provided a personal statement.
His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 2 Jul 59 and was
discharged on 20 May 63 with an undesirable discharge. He served 3 years,
10 months, and 18 days on active duty.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s reconstructed military records, are contained in the letter
prepared by the appropriate office of the Air Force at Exhibit C.
In response to the Board's request, the FBI provided a copy of an
investigative report pertaining to the applicant (see Exhibit E).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS reviewed applicant's request and states that his records were
most likely destroyed by fire in 1973 at the National Personnel Records
Center, St. Louis, MO. There are no documents to substantiate the reason
for his discharge other than his personal statement, in which he admits
that he along with several airmen from his barracks stole a car. Since it
has been approximately 39 years since his discharge, DPPRS recommends
upgrade of his discharge to general (under honorable conditions) if a check
of his Federal Bureau of Investigations (FBI) record does not reveal any
subsequent convictions. The DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 1 Mar
02 for review and response within 30 days. A copy of the FBI investigative
report was forwarded to the applicant on 26 Mar 02 for review and comment
within 14 days. As of this date, this office has received no response.
_________________________________________________________________
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 probable error or injustice. We note the recommendation from
the Air Force. However, after a review of his FBI records along with the
evidence he provided in support of his appeal, we do not believe that
upgrade of his discharge is warranted. Therefore, based upon the
presumption of regularity in the conduct of governmental affairs and
without persuasive evidence that would lead us to believe otherwise, we
must assume that the applicant's discharge was proper and in compliance
with appropriate directives and find no basis upon which to favorably
consider this application.
_________________________________________________________________
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 Docket Number 01-03602 in
Executive Session on 25 Apr 02, under the provisions of AFI 36-2603:
Mr. Joseph A. Roj, Panel Chair
Mr. John E. Pettit, Member
Mr. Laurence M. Groner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Jan 02, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 19 Feb 02.
Exhibit D. Letter, SAF/MRBR, dated 1 Mar 02.
Exhibit E. FBI Investigative Report, dated 8 Mar 02.
Exhibit F. Letter, SAF/MRBR, dated 26 Mar 02.
JOSEPH A. ROJ
Panel Chair
As of this date, this office has received no response. We agree with the opinion and recommendation of the Air Force office of primary responsibility that his separation code should remain the same since he did in fact, voluntarily request discharge for the good of the service. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or...
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