RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03017
INDEX CODE: 110.02
COUNSEL: NOT INDICATED
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 6 APR 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was absent without leave (AWOL) for 132 days due to being detained
by law enforcement as a result of his companion having a stolen tire
in his vehicle, in which he had no knowledge.
In support of his application, applicant provided a copy of his DD
Form 214, Armed Forces of the United States Report of Transfer or
Discharge.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
29 January 1957, for a term of 4 years. On 17 March 1959, the
commander notified him that he was recommending he be discharged,
based on his conviction by the State of Delaware on three separate
counts of larceny. The basis for the commander’s recommendation was
that the applicant stole one Westinghouse air conditioner valued over
$95.00; he stole one tool box with miscellaneous tools having an
approximate value of $95.00 and one tool box with miscellaneous tools
having an approximate value of $60.00. He acknowledged receipt of the
notification of discharge and after consulting with counsel he waived
his entitlement to appear before a Board of Officers and to submit
statements in his own behalf. He also acknowledged he understood if
the discharge authority approved the recommendation for discharge, he
could receive an under other than honorable conditions (undesirable)
discharge. The discharge authority approved the separation and
directed he be discharged with an undesirable discharge. On 18
January 1960, he was discharged from the Air Force under the
provisions of AFR 39-22, Discharge of Airmen for Misconduct Because of
Civil Court Disposition with an undesirable discharge. He served a
total of two years, seven months and eight days of active duty
service.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, provided a copy of an Investigation Report purportedly
pertaining to the applicant, which is at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states based on the documentation
on file in the master personnel records, the discharge was consistent
with the procedural and substantive requirements of the discharge
regulation. The discharge was within the discretion of the discharge
authority, the applicant did not submit any new evidence or identify
any errors or injustices that occurred in the discharge processing,
nor did he provide any facts warranting a change to his character of
service.
The DPPRS 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 3
Nov 06, for review and comment within 30 days. As of this date, this
office has received no response.
A copy of the FBI Report was provided for review and response within
21 Dec 06 and to date no response has been received.
_________________________________________________________________
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. Based upon the presumption of
regularity in the conduct of governmental affairs and without evidence
to the contrary, we must assume the applicant's discharge was proper
and in compliance with appropriate directives. Furthermore, based on
the available evidence of record and since the applicant has not
provided information of his post-service activities and
accomplishments, we cannot conclude that clemency is warranted.
Should the applicant provide statements from community leaders and
acquaintances attesting to his good character and reputation and other
evidence of successful post-service rehabilitation, this Board will
reconsider this case based on the new evidence. We cannot, however,
recommend approval based on the current evidence of record.
Therefore, based on the available evidence of record, we find no basis
upon which to favorably consider this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 Docket Number BC-2006-
03017 in Executive Session on 25 January 2007, under the provisions of
AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Garry G. Sauner, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Sep 06, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report, dated 30 Oct 06.
Exhibit D. Letter, AFPC/DPPRS, dated 23 Oct 06.
Exhibit E. Letter, SAF/MRBR, dated,30 Nov 06.
Exhibit F. Letter, AFBCMR, dated, 21 Dec 06.
MICHAEL J. NOVEL
Panel Chair
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