RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01768
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He was accused of child molestation.  The accusation was based on a partially overheard conversation that was taken in the wrong context.  His counsel made no effort to represent him and advised him to plead guilty.

In support of his request the applicant provided a personal statement (Exhibit A).

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 17 Apr 51 and was progressively promoted to the grade of airman first class having assumed that grade effective and with a date of rank of 1 Oct 53.  On 7 May 54, he received an undesirable discharge from the Air Force.  

Additional relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

Examiner’s note: Pursuant to the Board’s request for information, the FBI indicated that, on the basis of the evidence provided, they were unable to locate an arrest record pertaining to the applicant (see Exhibit F).

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AIR FORCE EVALUATION:

The Assistant NCOIC, Separation Procedures Section, AFPC/DPPRS, reviewed applicant’s request and recommends denial.  DPPRS states that based upon the lack of documentation in his records, they believe the discharge must have been consistent with the procedural and substantive requirements of the discharge regulation.   Applicant has not provided any new evidence or identified any errors in his discharge process (see Exhibit C).
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and reiterates that he did not know he was going to be discharged as unfit.  He was advised to agree with the discharge because no witnesses were available to substantiate his claims.  He questions why he was promoted after this matter was under investigation if he was guilty of the charges (see Exhibit E).

By letter dated 27 August 2001, it was requested that the applicant provide evidence pertaining to his post-service activities (Exhibit G).  This office has not received a response from the applicant.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of probable 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 our opinion that approval of some relief is warranted in this case.  It appears likely 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, we believe 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, we believe an upgrade of his discharge to general (under honorable conditions) is warranted.  His request for upgrade to honorable was considered; however, in the absence of evidence by the applicant other than his own statements pertaining to the quality of his service, the facts and circumstances surrounding his separation, or his activities since leaving the service, we do not believe that an upgrade to a fully honorable discharge is warranted.  Accordingly, we recommend that his records be corrected only to the extent indicated below.

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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 7 May 1954, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered this application in Executive Session on 3 Oct 01, under the provisions of AFI 36‑2603:

Panel Chair
     Member
Member

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

     Exhibit A.  DD Form 149, dated 5 Jul 01 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 27 Jul 01.
     Exhibit D.  Letter, SAF/MIBR, dated 3 Aug 01.
     Exhibit E.  Letter, Applicant, dated 16 Aug 01.
     Exhibit F.  FBI Negative Reply, dated 20 Sep 01.
     Exhibit G.  AFBCMR Letter, dated 27 August 2001.

					

AFBCMR 00-00261

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 APPLICANT, be corrected to show that on 7 May 1954, he was discharged with service characterized as general (under honorable conditions).