RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04347 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was unjustly discharged without being given any explanation. He was just told to gather his clothes and go home. Years later, his wife found out he was discharged because of a medical condition called Cyclothymic Disorder (a mild form of bipolar disorder). He is 84 and would like an Honorable Discharge before he leaves this world because he served his country well when called to active duty. In support of his request, the applicant provides an expanded statement. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records were apparently located in the area most heavily damaged in the fire at the National Personnel Records Center in 1973. According to available records, the applicant entered active duty on 26 Jan 46. On 30 Sep 47, he was furnished a General (Under Honorable Conditions) discharge and was credited with 1 year, 6 months, and 26 days of active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report indicating they were unable to locate an arrest record on the basis of the information provided. A request for post-service information was forwarded to the applicant on 5 Mar 12 for review and comment within 30 days. In response, the applicant provides an expanded statement and copies of two letters of support (Exhibit D). 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 an error or injustice. It appears the applicant’s records were destroyed by fire in 1973 at the NPRC. Therefore, the facts surrounding his separation and character of service could not be verified. However, based on the presumption of regularity in the conduct of governmental affairs, we must assume the applicant’s discharge and service characterization were proper and in compliance with the directive under which it was effected. Nonetheless, consideration of this Board is not limited to the events which precipitated the discharge. In this respect, we may base our decision on matters of equity and justice, rather than simply on whether rules and regulations, which existed at the time, were followed. Under this broader mandate, and in view of the passage of time since his discharge and his post-service adjustment, we believe it would be an injustice for the applicant to continue to suffer the effects of his General (Under Honorable Conditions) discharge. Accordingly, we recommend the applicant’s General Discharge (Under Honorable Conditions) be upgraded to Honorable on the basis of clemency. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 30 September 1947, he was honorably discharged and furnished an Honorable Discharge certificate. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04347 in Executive Session 15 May 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-04347 was considered: Exhibit A. DD Forms 149, dated 29 Oct 11, w/atch. Exhibit B. Applicant's Available Personnel Records. Exhibit C. Letter, AFBCMR, dated 5 Mar 12, w/atch. Exhibit D. Letter, Applicant, dated 18 Mar 12, w/atchs. Panel Chair