RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00365
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was given an AFR 39-17 discharge with no chance to defend
himself. He states that he had no court-martial and that he has
never been dishonorable in his whole life.
He has been a model citizen, raised a family, and is now 65 years
old.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 9 Sep 55 for a
period of four years. His highest grade held was airman third
class (A3C/E-2). Applicant’s grade at time of discharge was airman
basic (AB/E-1).
On 22 Apr 57, he received an Article 15 punishment for willful
intent to evade payment of a debt, on or about 3 Apr 57. He was
reduced to the grade of airman basic.
On 9 Sep 58, he received an Article 15 punishment for failure to
obey a lawful order, on or about 8 Sep 58. His punishment
consisted of reduction in grade to the rank of airman basic with an
effective date and date of rank of 8 Sep 58.
On 2 Mar 59, applicant received a medical evaluation stating he had
no physical or mental conditions warranting separation under the
provisions of AFM 35-4.
On 18 Mar 59, the commander initiated administrative discharge
action against the applicant for his complete disregard for his
financial responsibilities and his careless attitude toward any
type of improvement. The commander counseled applicant on at least
ten different occasions regarding his financial responsibilities,
including the incidents he was involved in off base, with little or
no results. He had demonstrated over the past 15 months that he
was the type of airman that would not progress and would continue
to be a burden to the Air Force.
On that same date, applicant acknowledged receipt of the
administrative discharge action and waived his entitlement to
appear before a board of officers and requested discharge in lieu
of board proceedings. He further acknowledged he understood that
if his application was approved, his separation could be under
conditions other than honorable, he could receive an undesirable
discharge, and that this may deprive him of rights as a veteran
under both federal and state legislation.
On 24 Mar 59, the group commander recommended the applicant be
discharged. The discharge authority approved an undesirable
discharge and directed that the applicant be issued a
DD Form 258AF, “Undesirable Discharge Certificate.” On 27 Mar 59,
applicant was discharged under the provisions of AFR 39-17, with
service characterized as under other than honorable conditions. He
was credited with 3 years, 6 months, and 19 days of active duty
service.
Pursuant to the Board’s request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, provided an investigative
report which is attached at Exhibit C.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommended his request be denied. They found that
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation. Additionally, that the
discharge was within the sound discretion of the discharge
authority. They also noted that the applicant did not submit any
new evidence or identify any errors or injustices that occurred in
the discharge processing and that he provided no other facts
warranting an upgrade of the discharge.
A complete copy of the 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 26 Mar 04 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit E).
On 26 Apr 04, a copy of the FBI report was forwarded to the
applicant for comment. At that time, the applicant was also
invited to provide additional evidence pertaining to his activities
since leaving the service (Exhibit F). 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. After careful consideration of the evidence of record, we
found no evidence that the actions taken to effect the applicant’s
discharge were improper or contrary to the provisions of the
governing regulations in effect at the time, or that the actions
taken against the applicant were based on factors other than his
own misconduct. The applicant has had to live with the adverse
effects of his undesirable discharge for over 45 years, and while
it may have been appropriate at the time, we believe it would be an
injustice for him to continue to suffer from its effects. Except
for two incidents with legal authorities in 1966 and 1967, there is
no evidence of any further misconduct. Certainly we do not condone
the behavior that led to applicant’s undesirable discharge.
Nonetheless, since it serves no useful purpose to the Air Force or
to society in general to continue the nature of his discharge at
this time, we believe that an upgrade of the characterization of
his service 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 24 March 1959,
he was honorably discharged and furnished an Honorable Discharge
Certificate.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2004-00365 in Executive Session on 8 July 2004, under the
provisions of AFI 36-2603:
Mr. Gregory H. Petkoff, Panel Chair
Ms. Martha A. Maust, Member
Mr. Robert H. Altman, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Jan 04.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 23 Mar 04.
Exhibit E. Letter, SAF/MRBR, dated 26 Mar 04.
Exhibit F. Letter, AFBCMR, dated 26 Apr 04.
GREGORY H. PETKOFF
Panel Chair
AFBCMR BC-2004-00365
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 XXXXXXX, XXXXXXX, be corrected to show that on 24
March 1959, he was honorably discharged and furnished an Honorable
Discharge Certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
However, considering the discharge occurred over 40 years ago and considering his previous four years of honorable service and the offense that caused his BCD, DPPRS recommends clemency. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request. Exhibit E. Letter, AFPC/DPPRS, dated 8 Mar 00.
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