RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02284
	INDEX CODE:  A79.00

				COUNSEL:  NONE

				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to an honorable discharge.

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APPLICANT CONTENDS THAT:

He was singled out and discharged due to the convenience of the government.  Of all of the 7-8 men who were sitting around reading hometown newspapers, he was the only one who got into trouble and was punished “as an example.”  

In support of his appeal, the applicant provided copies of his discharge documents, a copy of DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces, and other documents associated with the issue under review.

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 a general (under honorable conditions) discharge on 7 October 1958, under the provisions of AFR 39-16 (Discharge for inaptitude or unsuitability - other reasons) and Letter, Department of the Air Force, dated 1 December 1955, “Discharge of Airmen During Their First Enlistment.”  He had served 2 years and 5 months on active duty.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, indicated that on the basis of the data furnished, they were unable to locate an arrest record (Exhibit C).  

The remaining 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 at Exhibit D.  

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends that the application be denied.  The discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.  The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7 September 2001, for review and response within 30 days (Exhibit E).  Additionally, the AFBCMR staff requested that he provide information pertaining to his activities since leaving the Air Force (Exhibit F, with attachment).  The applicant’s response, with attachments, is at Exhibit G.

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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 majority 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 of the rights to which he was entitled at the time of discharge.  The Board majority concludes, therefore, that the discharge proceedings were proper and the characterization of the discharge was appropriate to the existing circumstances.  Nevertheless, while the Board majority does not condone the behavior that led to the applicant’s discharge, we note that he has led an exemplary life since his discharge and he has provided documentation of his accomplishments and community involvement.  It appears he has been a model citizen for over 40 years.  Therefore, the Board majority finds that an 
upgrade of the characterization of his discharge to honorable is warranted 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 7 October 1958, he was honorably discharged and furnished an Honorable Discharge certificate.

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The following members of the Board considered this application in Executive Session on 28 November 2001, under the provisions of AFI 36-2603:
Panel Chair
Member
Member

By a majority vote, the Board voted to upgrade the applicant’s discharge to honorable voted to deny the request but did not desire to submit a minority report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 6 Aug 2001, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Record, dated 10 Oct 2001.
     Exhibit D.  Letter, AFPC/DPPRS, dated 28 August 2001.
     Exhibit E.  Letter, SAF/MIBR, dated 7 Sep 2001.
     Exhibit F.  Letter, AFBCMR, dated 18 Oct 2001, w/atch.
     Exhibit G.  Letter, Applicant, dated 13 Nov 2001, w/atchs.

                                   

AFBCMR 01-02284

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 7 October 1958, he was honorably discharged and furnished an Honorable Discharge certificate.