RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02694
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 30 DECEMBER 2006
________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to general.
________________________________________________________________
APPLICANT CONTENDS THAT:
He had just turned 18 years old. He was a kid at that time and had no idea
what it meant to have that type of discharge. He would gladly serve his
country today with honor. He has not been in any trouble for 47 years and
has been a good citizen.
In support of his application, the applicant submits a copy of his
separation document and his personal statement. The applicant’s complete
submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 31 December 1956, the applicant enlisted in the Regular Air Force at the
age of 18 in the grade of airman basic (E-1) for a period of 4 years. He
was progressively promoted to the grade of airman third class effective and
with a date of rank of 14 March 1957.
On 5 June 1957, the applicant received an Article 15 and was reduced to the
grade of airman basic for missing bed check.
He was absent without leave (AWOL) from 23-30 September 1957. In a summary
court-martial trial on 15 October 1957, he was charged and found guilty of
wrongfully tampering with an official line pass. For this offense, he was
fined $20.00.
On 30 January 1958, he lost his SAC Restricted Area Badge. On 31 January
1958, he was in violation of Article 92, UCMJ, (out of uniform).
On 3 March 1958, while assigned guard duty, he broke the locks of 4 crew
members’ lockers and stole government property. In a summary court-martial
trial on 4 March 1958, he was charged and found guilty of larceny. He was
confined to hard labor for 30 days and forfeited $55.00.
On 6 March 1958, the applicant’s commander notified the applicant that he
was recommending the applicant be separated from the Air Force under the
provisions of AFR 39-17 because of unfitness. The applicant acknowledged
receipt of notification, waived his right to consult counsel and his
entitlement to appear before the board, and requested discharge without
benefit of board proceedings. The discharge authority approved the
recommended separation on 20 June 1958, and directed that the applicant be
discharged and issued an Undesirable Discharge certificate.
On 29 March 1958, the applicant was discharged in the grade of airman
basic, under the provisions of AFR 39-17 for Unfitness. He had served 1
year, 2 months and 6 days on active service with 8 days of lost time due to
AWOL.
On 17 March 1959, the applicant submitted an application to the Air Force
Discharge Review Board (AFRDB) requesting his discharge be upgraded so that
he may enter active duty service. The AFRDB determined that a change to
the type or nature of his discharge was not warranted. On 2 December 1962,
the applicant submitted an application to the AFDRB requesting his
undesirable discharge be upgraded to honorable. The AFRDB concluded that a
change to the type or nature of his discharge was not warranted. The AFDRB
Examiner’s briefs are at Exhibit B.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an investigative report pertaining to the former member
(Identification Record No. 321105) (Exhibit F).
________________________________________________________________
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 response to our request for post-service information, the applicant
submitted a detailed statement explaining his reasons for wanting his
discharge upgraded and provided a character reference letter (Exhibit E).
________________________________________________________________
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 which would lead the
Board majority to believe that the applicant’s discharge was improper or
contrary to the provisions of the regulation under which it was effected.
We find no impropriety in the characterization of the applicant’s
discharge. It appears that the responsible officials applied appropriate
standards in effecting the separation, and we did not find persuasive
evidence that pertinent regulations were violated or that the applicant was
not afforded all the rights to which entitled at the time of discharge.
Furthermore, based on the approximate 14 months’ time he served on active
duty and the limited evidence provided, the supporting documentation
submitted is not of a sufficient quality and quantity to warrant approval
of the requested relief. In view of this fact and in the absence of more
expansive evidence by the applicant attesting to a successful post-service
adjustment during the 48 years after his discharge from service, we are not
inclined to extend clemency in this case.
________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or injustice
and recommends the application be denied.
________________________________________________________________
The following members of the Board considered this application in Executive
Session on 21 March 2006, under the provisions of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Ms. Debra Walker, Panel Member
Mr. Patrick C. Daugherty, Panel Member
By a majority vote, the members voted to deny the request. Ms. Debra
Walker voted to correct the record and did not desire to submit a minority
report. The following documentary evidence was considered in AFBCMR BC-
2005-02694:
Exhibit A. DD Form 149, dated 20 Aug 05 w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 9 Sep 05.
Exhibit D. Letters, SAF/MRBR, dated 16 Sep 05, and
AFBCMR, dated 27 Sep 05.
Exhibit E. Letter, Applicant, dated 6 Sep 05 w/Atch.
Exhibit F. FBI Report.
JAMES W. RUSSELL III
Panel Chair
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
CORRECTION OF MILITARY RECORDS (AFBCMR)
FROM SAF/MRB
SUBJECT: AFBCMR Case of
After considering the evidence available for my review, I agree
with the minority member of the panel that the applicant’s request that
his undesirable discharge be upgraded to general should be granted.
While the applicant’s undesirable discharge may have been
appropriate for the circumstances at the time, I note he has lived with
its adverse effects for more than 48 years. Additionally, I note the
character reference letter from his former employer classifies him as
“extremely successful” and denotes his “exemplary conduct” for 21 years.
Certainly I do not condone the behavior which led to the
applicant’s discharge. Nevertheless, in view of the lapse of time and
the absence of any record of serious involvement with civil authorities
since his discharge, I believe it would be an injustice for him to
continue to suffer the adverse effects of the undesirable discharge and
it is my decision that his discharge be upgraded to general on the basis
of clemency.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AFBCMR BC-2005-02694
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States Code and
Air Force Instruction 3602603, and having assured compliance with the
provisions of the above regulations, the decision of the Air Force Board
for Correction of Military Records is announced, and it is directed that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 29 March 1958, he was
discharged with service characterized as general (under honorable
conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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