RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-
02641
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to a general (under honorable
conditions) or honorable discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was inequitable because it was based on one occurrence in
over three years of service. He was discharged for going beyond the
limits of a Class A pass.
In support of his appeal, applicant submitted a copy of his DD Form 258,
Undesirable Discharge, DD Form 4, Special Order Number A-775, USAFI-J
Form 3, United States Armed Forces Institute (Japan) and character
references.
Applicant's complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The DD Form 4 provided by the applicant reflects he enlisted in the
Regular Air Force on 14 Feb 56 as an airman basic for a period of four
years. Special Order Number A-775 reflects the applicant was
discharged on 12 Jun 59 with an under other than honorable conditions
(UOTHC) discharge.
Pursuant to the Board’s request, the Federal Bureau of Investigation
provided an investigative report which is attached at Exhibit C. On 8
Sep 08, a copy of the investigative report was forwarded to the
applicant for review and response within 30 days. As of this date no
response has been received by this office (Exhibit F).
On 25 Aug 08, a request for information pertaining to his post-service
activities was forwarded to the applicant for response within 30 days
(Exhibit D). The applicant submitted a personal
statement, a resume and character references in response (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. Sufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice. Even though the applicant has
provided no evidence to show that his discharge was improper or not in
compliance with appropriate directives, it is the Board majority's
opinion that approval of some relief is warranted in this case. It
appears likely to the Board majority that he has led a stable and
productive life and it appears that there is no evidence that he has
had any subsequent involvement of a derogatory nature since his
separation from the Air Force. In light of the above, the Board
majority believes that it would be an injustice for him to continue to
suffer the adverse effects of an undesirable discharge. Therefore on
the basis of clemency, the Board majority believes an upgrade of his
discharge to general (under honorable conditions) is warranted.
Accordingly the Board majority recommends that his records be corrected
to the extent indicated below.
_____________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 12 June 1959, he
was discharged with service characterized as under honorable conditions
(general).
_____________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2008-02641 in Executive Session on 9 Oct 08, under the provisions of
AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Mr. Gregory A. Parker, Member
Ms. Lea Gallogly, Member
By majority vote, the Board recommended correcting the record. Mr.
Russell voted to deny the applicant's request but he does
not desire to submit a Minority Report. The following documentary
evidence pertaining to AFBCMR Docket Number BC-2008-02641 was
considered:
Exhibit A. DD Form 149, dated 29 Jul 08, w/atchs.
Exhibit B. Available Master Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, SAF/MRBC dated 25 Aug 08, w/atch.
Exhibit E. Letter, Applicant, dated 4 Sep 08, w/atchs.
Exhibit F. Letter, SAF/MRBC, dated 9 Sep 08, w/atch.
JAMES W. RUSSELL III
Panel Chair
AFBCMR BC-2008-02641
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116) it is
directed that:
The pertinent military records of the Department of the Air Force
relating to , be corrected to show that on 12 June 1959,
he was discharged with service characterized as under honorable
conditions (general).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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