RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01900
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had never been in any trouble until the Spring of 1949 when he was
intoxicated for the first time and had to be returned to base by the
military police. He later was arrested after being in a fight and,
intoxicated, tried to hang himself. There was a lot of trouble in his
squadron. Three airmen were charged with rape, and everyone was put in a
line-up. His squadron officer advised him to accept a discharge so that he
would not be sent to Fort Leavenworth, Kansas, and his age would not be
discovered. He was also told that after five years, the Air Force would
upgrade his general discharge to honorable.
In support of the application, the applicant submits his personal
statement, an Air Force Discharge Review Board application, a General
Discharge certificate, and a General Discharge order. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s military personnel records were destroyed by fire in the
National Personnel Records Center in July 1973. The following information
was extracted from documents provided by the applicant.
On 25 July 1947, the applicant enlisted in the Regular Air Force at the
alleged age of 18 in the grade of private (E-1) for a period of five (5)
years. He was discharged with a general discharge on 10 September 1949
under the provisions of AR 615-369 (Unsuitability). He had served 8 months
and 16 days of Continental Service, and 1 year and 5 months of foreign
service.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an investigative report pertaining to the applicant
(Identification Record No. 382317A), which is at Exhibit D.
_________________________________________________________________
AIR FORCE EVALUATION:
NO AIR STAFF ADVISORY.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 8 September 2004, a copy of the Federal Bureau of Investigations (FBI)
report was forwarded to the applicant, and the applicant was invited to
submit information pertaining to his post-service activities. As of this
date, this office has received no response (Exhibit C).
_________________________________________________________________
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. After careful consideration of
the available evidence, we found no indication that the actions taken to
affect his discharge were improper or contrary to the provisions of the
governing regulations in effect at the time. In addition, in view of the
contents of the FBI Identification Record we are not persuaded that the
characterization of the applicant’s discharge warrants an upgrade to
honorable on the basis of 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.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of an error or injustice 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 this application in Executive
Session on 4 December 2004, under the provisions of AFI 36-2603:
Ms. Marilyn M. Thomas, Vice Chair
Ms. B. J. White-Olson, Panel Member
Mr. Gregory A. Parker, Panel Member
The following documentary evidence was considered in AFBCMR Docket Number
BC-2004-01900:
Exhibit A. DD Form 149, dated 9 Jun 04, w/atchs.
Exhibit B. Applicant’s available Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 8 Sep 04 w/atchs.
Exhibit D. FBI Report.
MARILYN M. THOMAS
Vice Chair
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