RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02024
	INDEX CODE:  A79.00

				COUNSEL:  NONE

				HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to an honorable discharge.

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APPLICANT CONTENDS THAT:

He became involved in several illegal activities while serving in the Air Force.  This included the sale and abuse of illicit drugs.  He was eventually court-martialed and given an undesirable discharge.  

He has become a productive member of society.  He has maintained 25 years of abstinence from chemical dependency; has maintained a clean record; and is a certified counselor for the State of New York.

In support of his appeal, the applicant provided a copy of his DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces and a copy of his resume, which includes his work and treatment experience. 

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant is a former member who was discharged with an undesirable discharge on 21 February 1956, under the provisions of AFR 39-17 (Unfitness).  He had served 1 year and 26 days on active duty.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, provided an investigative report which is attached at Exhibit C.

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the official documents at Exhibit B and in the letter prepared by the appropriate office of the Air Force at Exhibit D.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended that the discharge be upgraded to general on the basis of clemency, if a check of the FBI files proves negative.  The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant stated he would respond to the evaluation once the FBI report was received (Exhibit F).  The applicant was provided a copy of the FBI report and was asked to provide information pertaining to his activities since leaving the Air Force (Exhibit G, with attachment).  The applicant’s responses, with attachments, are at Exhibits H-1 through H-3.

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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.  The Board finds no error or injustice in the characterization of the applicant’s discharge.  It appears that responsible officials applied appropriate standards in effecting the applicant’s 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.  We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.  Nevertheless, while the Board does not condone the behavior that led to the applicant’s discharge, we note that he has had to live with its adverse effects for over 45 years and we believe it would be an injustice for him to continue to suffer from its effects.  Therefore, we find that an upgrade of the characterization of his discharge to general, under honorable conditions, is warranted on the basis of clemency.  His request for an honorable discharge was considered in light of his accomplishments since leaving the service; however, in view of his overall record of service, we do not believe that an upgrade of his discharge to fully honorable is warranted.

4.  The documentation provided with this case was sufficient to give the Board a clear understanding of the issues involved and a personal appearance, with or without counsel, would not have materially added to that understanding.  Therefore, the request for a hearing is not favorably considered.  

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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 21 February 1956, 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 6 December 2001, 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, dated10 Aug 01, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  FBI Report.
  Exhibit D.  Letter, AFPC/DPPRS, dated 10 Sep 01.
  Exhibit E.  Letter, SAF/MIBR, dated 21 Sep 01.
  Exhibit F.  Letter, Applicant, dated 28 Sep 01.
  Exhibit G.  Letter, AFBCMR, dated 11 Oct 01, w/atchs.
  Exhibit H.  Letters, Applicant, dated 7 and 10 Nov 01, w/atchs.

                                   

AFBCMR 01-02024

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 21 February 1956, he was discharged with service characterized as general (under honorable conditions).