RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01873
INDEX CODE: 110.00
(DECEASED) COUNSEL: NONE
HEARING DESIRED: NO
__________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husband’s undesirable discharge be upgraded to honorable.
__________________________________________________________________
APPLICANT CONTENDS THAT:
Since her late husband’s discharge and until his death, he was an
honorable gentleman who worked hard as a father and fireman,
helped neighbors, and was also an active church member. Prior to
their son’s birth, he came home without permission which resulted
in him being absent without leave (AWOL) and was consequently
given an undesirable discharge. He received no rehabilitation.
He was very young at the time. She does not want to leave a
legacy to her six children of their father’s discharge.
Applicant’s complete submission is attached at Exhibit A.
__________________________________________________________________
STATEMENT OF FACTS:
The deceased member’s military records appear to have been
destroyed in the 1973 fire at the National Personnel Records
Center.
Based on the available records, it appears that he enlisted in the
Army Air Corps on 20 Feb 46 and was discharged on 18 Aug 47 with
an undesirable discharge. He served 1 year, 5 months, and 21 days
on active duty with 7 days of lost time. His grade at the time of
his separation was private.
Pursuant to the Board’s request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, provided an
investigative report indicating that, on the basis of information
furnished, they were unable to locate an arrest record (see
Exhibit B).
__________________________________________________________________
AIR FORCE EVALUATION:
The Assistant Noncommissioned Officer-in-Charge (NCOIC),
Separation Procedures Section, AFPC/DPPRS, indicated that, based
upon the lack of documentation in the file, they believe the
discharge was consistent with the procedural and substantive
requirements of the discharge regulation. Additionally, the
discharge was within the sound discretion of the discharge
authority. The applicant did not identify any specific errors in
the discharge processing. However, considering the discharge
occurred 54 years ago, the deceased member’s young age, his
actions since his discharge and lack of documents, DPPRS
recommends clemency. If a check of the FBI files proves negative,
they recommend the discharge be upgraded to under honorable
conditions (general).
A complete copy of the Air Force evaluation is attached at
Exhibit C.
__________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
7 Sep 01 for review and response. As of this date, no response
has been received by this office.
__________________________________________________________________
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. Inasmuch as the facts surrounding the former servicemember’s
discharge are unknown, based on the presumption of regularity in
the conduct of governmental affairs and without evidence to the
contrary, we must assume that his discharge was proper and in
compliance with the applicable directives in effect at the time.
Nevertheless, noting that the former servicemember suffered the
adverse effects of his undesirable discharge for almost 37 years
before his death in 1984 and in the absence of any other
derogatory information concerning his activities after he was
separated from the service, the majority of the Board believes
that an upgrade of the characterization of the member’s discharge
to general, under honorable conditions, is warranted on the basis
of clemency. Based on the limited evidence available for the
Board’s review, the majority of the Board was not persuaded that
further relief in the form of an upgrade of the discharge to fully
honorable was warranted.
__________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 18 August
1947, he was discharged with service characterized as general
(under honorable conditions).
__________________________________________________________________
The following members of the Board considered this application in
Executive Session on 13 November 2001, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Vice Chair
Mr. Philip Sheuerman, Member
Ms. Carolyn B. Willis, Member
By a majority vote, the Board voted to correct the records as
recommended. Mr. Sheuerman voted to deny applicant’s request and
did not desire to submit a minority report. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Jun 01, w/atchs.
Exhibit B. Letter to FBI, dated 5 Sep 01.
Exhibit C. Letter, AFPC/DPPRS, dated 8 Aug 01.
Exhibit D. Letter, AFBCMR, dated 7 Sep 01.
THOMAS S. MARKIEWICZ
Vice Chair
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