RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03060
INDEX CODE: 110.00
COUNSEL: AMERICAN LEGION
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Given the circumstances and evidence of record, an honorable discharge
is appropriate.
In support of his request, the applicant submits a personal statement,
copies of his DD Form 214, service record and additional documents
associated with the issues cited in his contentions. The applicant’s
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his enlistment in the Regular Air Force on 21 Feb
52. He was progressively promoted to the grade of airman first class,
with an effective date and date of rank of 1 Oct 54.
On 22 Feb 55, applicant’s commander requested he [applicant] undergo a
medical evaluation for use in recommending board action under the
provisions of AFR 39-16. His commander further stated that the reason
for this evaluation was due to a history of enuresis. On 23 Mar 55,
the applicant waived his entitlement to appear before a board of
officers and requested a discharge without benefit of board
proceedings. On 7 Apr 55, he received a general discharge under the
provisions of AFR 39-16 (Unsuitability). He had completed a total of
3 years, 1 month and 17 days and was serving in the grade of airman
first class at the time of discharge.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 27 Nov 02, that, on the basis of data
furnished, they are unable to locate an arrest record.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS stated that the applicant’s personnel records did not
include any information as to why he received a general discharge
versus an honorable discharge. The applicant did not submit any new
evidence or identify any errors or injustices that occurred in the
discharge processing. He provided no facts warranting an upgrade of
the discharge he received. However, due to lack of documentation to
support the applicant’s general discharge and since the incident
occurred 46 years ago, DPPRS recommends clemency. DPPRS stated that,
in accordance with today’s Air Force instructions, this type of
separation would be an honorable. If a check of the Federal Bureau of
Investigation files proves negative, DPPRS recommends the discharge be
upgraded to honorable. The HQ AFPC/DPPRS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 1
November 2002 for review and response. As of this date, this office
has received no response (Exhibit E).
_________________________________________________________________
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 injustice. The discharge appears to be in compliance
with the governing separation directives then in effect. However, we
note that, in accordance with today’s Air Force instructions, the
applicant would in all likelihood receive an honorable discharge. In
addition, we note that during the more than 3 years he served on
active duty, the applicant received no disciplinary action and his
character and efficiency were consistently rated “excellent” and
“superior.” We therefore agree with the opinion and recommendation of
the Air Force office of primary responsibility that, on the basis of
clemency, his discharge should be upgraded to honorable. In view of
the foregoing, we recommend that the applicant’s record be corrected
as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that, on 7 April 1955, he
was honorably discharged and furnished an Honorable Discharge
certificate.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 9 January 2003, under the provisions of AFI 36-
2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Grover L. Dunn, Member
Mr. Thomas J. Topolski Jr., Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered in connection with
AFBCMR Docket Number 02-03060.
Exhibit A. DD Form 149, dated 17 Sep 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 24 Oct 02.
Exhibit D. Letter, SAF/MRBR, dated 1 Nov 02.
WAYNE R. GRACIE
Panel Chair
AFBCMR 02-03060
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that, on 7 April
1955, he was honorably discharged and furnished an Honorable Discharge
certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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