RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 01-03040

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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THE APPLICANT CONTENDS THAT:

He requested to be discharged once he began experiencing difficulty dealing with an aircraft accident recovery detail in which he participated.

The applicant states that while assigned to the motor pool, he assisted medical personnel in the recovery of an aircraft and its victims.  He told his commander he was having trouble dealing with it (i.e., not eating or sleeping) and wanted to be discharged.  The commander told him he could, but that he would have to receive and undesirable discharge; however, after his discharge he could request the Veterans Administration (VA) upgrade his discharge to general.  He did so assuming that the VA had upgraded his discharge, but they did not.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 28 May 1954, the applicant enlisted in the Regular Air Force for a period of four years.

On 6 September 1955, the applicant was notified by the commander of his intent to impose nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for being found drunk in his room in violation of Article 134.  The applicant waived his right to trial by court-martial and accepted the punishment that consisted of reduction to the grade of airman basic.  He did not appeal the punishment.

The applicant appeared before a board of medical officers on 27 January 1956 and it was determined that while he was mentally and physically qualified to perform his duties, he had no place in military life due to his resentment of regimentation, below standard work, and extremely negative attitude.

On 6 March 1956, the applicant was recommended for discharge by his commander for unclean habits, repeatedly committed offenses, and being a habitual shirker.  The applicant waived his right to a hearing.

The applicant was discharged on 26 March 1956, under the provisions of AFR 39-17, with service characterized as undesirable.  He completed 1 year, 9 months, and 29 days.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), has provided an investigative report which is at Exhibit F.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be granted, if an FBI check proves negative, considering the discharge was over 45 years ago, the type of offenses and the member’s statement.  AFPC/DPPRS states, in part, that based upon the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation at that time.  

The AFPC/DPPRS evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he has been married to the same woman for the last 48 years and been active in his church.  The FBI report contains the name of his uncle (i.e., XXXXXXXX), and the other names, he does not know.  He has always used the name XXXXXX and the only arrest he can remember was for being drunk and one time he was stopped with his brother-in-law and unknown to him, there was “white lightening” in the car.

The applicant’s complete response is at Exhibit H.

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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 probable error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we find no evidence of error or injustice.  In this respect, we note that the applicant’s discharge appears to be in compliance with the governing Air Force Regulation in effect at the time of his separation and he was afforded all the rights to which entitled.  The applicant has provided no evidence to indicate that his separation was inappropriate. Therefore, in view of the above, and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

4.  We also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency.  We have considered the applicant's overall quality of service, the events which precipitated the discharge, and available evidence related to his post-service activities and accomplishments.  On balance, we do not believe that clemency is warranted.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 Docket Number 01-03040 in Executive Session on 16 April 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Nov 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 20 Nov 01.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Dec 01.
    Exhibit E.  Letter, Applicant, dated 11 Jan 02.
    Exhibit F.  Investigative Report, FBI.
    Exhibit G.  Letter, AFBCMR, dated 29 Mar 02.
    Exhibit H.  Letter, Applicant, dated 1 Apr 02.