RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00982
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 24 JUNE 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was offered to him as a compromise due to a racially
motivated incident initiated by a noncommissioned officer who was about to
retire. He has been bothered by his discharge for many years because his
intention was to serve his country for his full enlistment term.
In support of the application, the applicant submits a copy of his
separation document (DD 214). The applicant's complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 June 1951, the applicant enlisted in the Regular Air Force at the age
of 18 in the grade of private for a period of 4 years. He was temporarily
promoted to the rank of airman third class with a date of rank of 16 August
1951. He was reduced to the grade of airman basic effective and with a
date of rank of 16 June 1952.
The following is a resume of the applicant’s character and efficiency
ratings:
CHARACTER EFFICIENCY
29 August 1951 Excellent Excellent
26 October 1951 Very Good Satisfactory
12 November 1951 Unknown Unknown
19 February 1952 Good Satisfactory
The applicant’s service record indicates he was Absent Without Leave on 21
April 1952, 30 April 1952 to 4 May 1952, and 2 June 1952 - 4 June 1952. On
12 June 1952, the applicant’s commander submitted a request for
Disciplinary Action through the Commanding Officer to the applicant
notifying him of his proposal to impose punishment pursuant to Article 15
as to such offenses unless trial by court martial was demanded. The
applicant acknowledged receipt, and did not demand trial in lieu of action
under Article 15. On 16 June 1952, the applicant was reduced to the grade
of basic airman and reprimanded for being absent without leave from 2 June
1952 to 4 June 1952.
On 25 June 1952, the applicant’s commanding officer submitted a request for
the applicant to appear before a Board of Officers, under the provisions of
AFR 39-16, to determine if he was inapt or unsuitable for further retention
in the United States Air Force (as indicated in a report by a
psychiatrist). Additionally, he indicated that the applicant had been
interviewed and counseled on several occasions, and displayed a lack of
desire to adapt himself to the role of an airman and be a benefit to the
service.
On 7 July 1952, a Board of Officers was convened to consider the
commander’s recommendation. The applicant was present, and it is indicated
in the proceedings that he expressed his desire to be discharged from the
service. He stated he did not desire a copy of the board record of
proceedings. He also chose to present his own case without defense counsel.
The board found evidence of habits which rendered the applicant’s
retention in the service unsuitable, and recommended he be discharged from
military service because of unsuitability and given a general discharge.
On 25 July 1952, the discharge authority reviewed the findings and
recommendations of the Board of Officers, and approved the discharge
recommendation.
On 8 August 1952, the applicant was separated from military service and
discharged Under Honorable Conditions (General). He had served 1 year, 1
month and 11 days on active duty with 8 days of lost time due to AWOL.
In response to the Board’s request, the FBI indicated they were unable to
identify an arrest record pertaining to the applicant on the basis of
information furnished (Exhibit D).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial. DPPRS indicates the discharge was
consistent with the procedural and substantive requirements of the
discharge regulation, and was within the discretion of the discharge
authority. Additionally, the applicant did not submit any evidence,
identify any errors or injustices that occurred in the discharge
processing, or provide any facts warranting a change to his character of
service.
HQ AFPC/DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response dated 20 May 2005, the applicant stated all the findings in
the advisory opinion were factual. He had no problems during basic
training and was considered for a good conduct medal. The Air Force deemed
him suitable for airplane and engine mechanics school. He began
experiencing problems in school because he did not have a background in
math, and the classes were beyond his comprehension. He was transferred to
the motor pool and did well until he encountered several incidents of
racial prejudice. If he had not gone AWOL, he would have been killed
(Exhibit E). In response to a request for post-service accomplishments,
the applicant submitted a personal statement, and three (3) character
reference letters (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. We find no impropriety in the
characterization of applicant's discharge. It appears that responsible
officials applied appropriate standards in effecting the separation, and we
do not find persuasive evidence that pertinent regulations were violated or
that applicant was not afforded all the rights to which entitled at the
time of discharge. We conclude, therefore, that the discharge proceedings
were proper and characterization of the discharge was appropriate based on
the existing circumstances. We note the applicant has provided some
information pertaining to his post-service activities. However, we find
this evidence limited in scope and insufficiently expansive in view of the
more than 50 years that have elapsed since his separation to warrant an
upgrade to his discharge based on clemency. In view of the above we find
no basis 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 in Executive Session on 20
September 2005 under the provisions of AFI 36-2603:
Ms. B. J. White-Olson, Panel Chair
Mr. James A. Wolffe, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2005-00982:
Exhibit A. DD Form 149, dated 17 March 2005 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 29 April 2005.
Exhibit D. Letter, SAF/MRBR, dated 6 May 05, and AFBCMR
dated 16 May 2005.
Exhibit E. Letter, Applicant, dated 20 May 05.
Exhibit F. Letter, Applicant, dated 25 May 05, w/atchs.
B. J. WHITE-OLSON
Panel Chair
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