RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02234
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His father-in-law’s under other than honorable conditions (UOTHC) discharge
be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His father-in-law was honorably discharged from the Air Force, but the
Certification of Military Service states UOTHC. The discharge should be
upgraded to obtain medical services from the Veteran Administration for his
father-in-law. In support of the application, the applicant submits a
statement from the former member’s daughter, an Air Force Discharge Review
Board application, a Certification of Military Service, an Honorable
Discharge Certificate (AF Reserves), a medical prognosis, letter from
National Personnel Records Center, and a general power of attorney. The
applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
It appears fire may have destroyed the majority of the former member’s
military personnel records in 1973. Therefore, the facts surrounding his
Air Force military service cannot be verified. The following is the only
known information concerning his military service and was extracted from
the available documentation.
On 17 March 1955, the former member enlisted in the Regular Air Force at
the age of 18 in the grade of airman basic (E-1) for a period of four (4)
years.
On 11 September 1956, Special Court-Martial Order 173 was issued ordering
the former member’s discharge under other than honorable conditions,
effective 5 February 1957, on which date, a Bad Conduct Discharge
certificate was issued.
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. 696661E), which is at Exhibit E.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS offers no recommendation. DPPRS is unable to determine the
propriety of the discharge based on the lack of documentation on file in
the master personnel records. Applicant did not submit any evidence or
identify any errors in the discharge processing, nor provide facts that
support upgrading the discharge to honorable. DPPRS defers to the Board to
determine if the former member should be granted relief based on limited
supporting documentation in his master personnel records.
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 for
review and comment on 13 August 2004. On 24 August 2004 the applicant was
invited to submit information pertaining to the former member’s post-
service accomplishments. On 8 September 2004 a copy of the Federal Bureau
of Investigations (FBI) report was forwarded to the applicant. As of this
date, this office has received no response to the above correspondence
(Exhibit D).
_________________________________________________________________
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 careful consideration of the
available evidence and in the absence of evidence by the applicant to the
contrary, we must assume that the actions taken to effect the former
member’s discharge were proper and in compliance with the provisions of the
governing regulations in effect at that time. We note the contents of the
FBI Identification Record. The applicant has provided no documentary
evidence to support that his father-in-law was a law-abiding and productive
member of the community in the years after his separation, thereby
providing a basis for relief on clemency. While we are not unsympathetic
toward the former member's family, in the absence of evidence showing the
former member’s discharge was erroneous or unjust, or that subsequent to
his separation, he made a successful post-service adjustment, we find no
basis on which to favorably consider the applicant’s 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 Docket Number BC-2004-02234
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:
Exhibit A. DD Form 149, dated 26 Jul 04, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 10 Aug 04, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 13 Aug 04, and
Letters, AFBCMR, dated 24 Aug 04 and 8 Sep 04.
Exhibit E. FBI Report.
MARILYN M. THOMAS
Vice Chair
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