RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02576
		INDEX NUMBER:  110.02

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to general under honorable conditions discharge.

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APPLICANT CONTENDS THAT:

He refused a direct order.  He was only 22 years old and he thought at that age he didn’t need to be told what to do, because he thought he knew everything.  He’s much older now and realizes that he only hurt himself.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Prior to the enlistment under review, the applicant served in the Regular Air Force from 21 Apr 52 to 30 Dec 54.  He reenlisted on 31 Dec 54; he spent 2 years, 5 months and 21 days in Hawaii.  During this enlistment, he was promoted to the grade of airman first class (A1C/E-4).  His grade at time of discharge was airman third class (A3C/E-2).

The pertinent facts leading up to the applicant’s discharge are contained in the Air Force Discharge Review Board (AFDRB) Examiner’s brief at Exhibit B.

On 26 Jul 57, applicant acknowledged receipt of the administrative discharge action and waived his entitlement to appear before a board of officers and requested discharge in lieu of board proceedings.  He further acknowledged that he understood that if his application was approved, that his separation could be under conditions other than honorable and that he could receive an undesirable discharge, and that this may deprive him of rights as a veteran under both federal and state legislation.

On 23 Aug 57, he was discharged under the provisions of AFR 39-17 by reason of unfitness, with an undesirable discharge.  He was credited with 5 years, 4 months and 2 days of active service.

On 6 October 1958, the Air Force Discharge Review Board (AFDRB) found that neither evidence of record, nor that provided by the applicant, substantiated an inequity or impropriety which would justify a change in the discharge (see AFDRB Hearing Record at Exhibit B).

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

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AIR FORCE EVALUATION:

The Separation Procedures Section, HQ AFPC/DPPRS, reviewed the applicant’s request and found that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, that the discharge was within the sound discretion of the discharge authority.  They also noted that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  Considering the discharge occurred over 44 years ago and the type of offenses, they recommend clemency.  They also recommended that if the FBI files prove negative, that the applicant’s discharge be upgraded to under honorable conditions (general).

A complete copy of the 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 2 November 01 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).

On 29 January 2002, a copy of the FBI report was forwarded to the applicant for comment.  At that time, the applicant was also invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit F).  As of this date, no response has been received by this office.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After reviewing the circumstances surrounding applicant’s involuntary separation, we find no evidence to indicate that the type of discharge he received was in error or unjust.  We note that the Air Force recommended, provided his FBI report was negative, that his discharge be upgraded to under honorable conditions (general) based on clemency.  However, based on the contents of the FBI report and the absence of the requested information regarding his activities since leaving the service, we are not persuaded that an upgrade of the characterization of the applicant’s discharge is warranted on the basis of clemency.  Based on the foregoing, we find no basis to favorably consider this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application AFBCMR Docket Number 01-02576 in Executive Session on 2 April 2002, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Sep 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 16 Oct 01.
    Exhibit E.  Letter, SAF/MRBR, dated 2 Nov 01, w/atchs.
    Exhibit F.  Letter, AFBCMR, dated 29 Jan 02, w/atchs.