RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  99-00805
					INDEX CODE: 110.00

	  				COUNSEL: NONE

	  				HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.
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APPLICANT CONTENDS THAT:

Being young at the time, he was given bad advice and truly regrets it to this day.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 24 November 1959 in the grade of airman basic for a period of four years.

On 29 March 1965, applicant was notified of his commander's intent to initiate discharge action against him because he demonstrated characteristics of unsuitability and could not develop skills in absorbing military training to become a satisfactory airman.  He had been removed from 5-level on-the-job training (OJT) due to his inability to concentrate on any one job and constantly failing to accomplish his assigned tasks.  An evaluation officer (EO) advised that the applicant did not desire to submit a rebuttal or to make any statements.  The EO recommended that the applicant be discharge for unsuitability and given a general discharge.  On 5 April 1961, the discharge authority approved the recommendation for discharge. 

Applicant was discharged on 18 April 1961, in the grade of A/3C with a general (under honorable conditions) discharge, under the provisions of AFR 39-16 (Unsuitability).  He had completed 1 year, 4 months and 25 days of total active military service.

Pursuant to the Board’s request, the Federal Bureau of investigation, Washington, D.C., indicated that on the basis of the data furnished, they were unable to locate an arrest record (Exhibit E).

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AIR FORCE EVALUATION:

The Separations Branch, HQ AFPC/DPPRS, states that there are no errors or irregularities causing an injustice to the applicant; and that the discharge complies with directives in effect at the time of his discharge.  Applicant did not identify any specific errors in the discharge processing nor provide facts that warrant an upgrade of the discharge he received.  Therefore, they recommend denial of his request.

A complete copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the Board’s request for post-service documentation, the applicant submitted additional documentation which is attached at Exhibit D.

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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.	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.  Considered alone, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.

4.	Consideration of this Board, however, is not limited to the events which precipitated the discharge.  We have a Congressional mandate which permits consideration of other factors; e.g., applicant's background, the overall quality of service, and post-service activities and accomplishments.  Further, we may base our decision on matters of equity and clemency rather than simply on whether rules and regulations which existed at the time were followed.  This is a much broader consideration than officials involved in the discharge were permitted, and our decision in no way discredits the validity of theirs.

5.	Under our broader mandate and after careful consideration of all the facts and circumstances of applicant's case, we are persuaded that applicant has been a productive member of society.  We recognize the adverse impact of the discharge applicant received; and, while it may have been appropriate at the time, we believe it would be an injustice for applicant to continue to suffer its effects.  Accordingly, we find that corrective action is appropriate as a matter of equity and on the basis of clemency.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 18 April 1961, he was honorably discharged and furnished an Honorable Discharge certificate.

The following members of the Board considered this application in Executive Session on 9 December 1999, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 5 April 1999, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 25 June 1999.
   Exhibit D.  Letter, SAF/MIBR, dated 2 August 1999.
   Exhibit E.  Letter, Applicant, undated, w/atchs.
   Exhibit F.  FBI Report.

			

AFBCMR 99-00805

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 xxxxxxxx, be corrected to show that on 18 April 1961, he was honorably discharged and furnished an Honorable Discharge certificate.