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AF | BCMR | CY2002 | 0101873
Original file (0101873.doc) Auto-classification: Approved


                            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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