RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02121
		INDEX CODE:110.00
	Applicant	COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to an honorable.

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APPLICANT CONTENDS THAT:

He feels the discharge was unjust.  He has lived for 48 years with the discharge.  During this time he has been self-employed as a painter and raised three children as a single parent.  As a proud parent and a good citizen of his hometown for all these years, he would like to change this most embarrassing incident.

In support of his submission, the applicant submits a personal statement and copies of his discharge certificates (Exhibit A).
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STATEMENT OF FACTS:

The applicant’s records were, for the most part, destroyed and efforts at reconstruction have been unsuccessful.

The 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.  

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AIR FORCE EVALUATION:

The Separations Branch, AFPC/DPPRS, reviewed the application and states that the applicant did not identify any specific errors in the discharge processing.  However, considering the discharge occurred over 44 years ago, the type of offense, his young age and immaturity, DPPRS recommends clemency if a check of the Federal Bureau of Investigation (FBI) files proves negative (Exhibit C).

Pursuant to the Board’s request, the Federal Bureau of Investigation provided a copy of an Investigative Report (FBI No. 890324C) which is at Exhibit D. 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and the FBI investigative report and provided his explanation concerning the entries on the report (Exhibit F).

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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 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 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 serious 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 as 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 29 March 1957, 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 24 October 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, dated 25 Jul 01 w/atchs.
     Exhibit C.  Letter, AFPC/DPPRS, dated 17 Aug 01.
     Exhibit D.  FBI Investigation Report #890324C
     Exhibit E.  Letter, SAF/MIBR, dated 24 Aug 01, and AFBCMR,    dated 19 Sep 01.
     Exhibit F.  Applicant’s Response undated.