RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00583
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his enlistment he was married with two children. He was
informed by his recruiter that he could not enlist if he had more than one
child, so because of his desire to serve in the military, he falsified his
enlistment contract. After it was discovered that he fraudulently
enlisted, he was discharged with a general discharge. During his period of
service as a clerk/typist he received outstanding proficiency/conduct marks
and was always lauded during counseling sessions. He began testing for
Officer Candidacy School but withdrew due to his deficiency in mathematics.
In support of his request, applicant provided a personal statement,
character references, and copies documents from his military personnel
records. His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant's military personnel records were destroyed by fire at the
National Personnel Records Center, St. Louis, MO, in 1973. Data extracted
from documents provided by the applicant indicates that he enlisted in the
Regular Air Force on 6 Jan 51 and was discharged on 3 Mar 53 with a general
discharge. He served 2 years, 1 month, and 28 days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigations (FBI)
indicated that they were unable to locate an arrest record pertaining to
the applicant (see Exhibit E).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS would not object to upgrading his discharge if a search of his
FBI records does not reveal any convictions. DPPRS states that other than
his DD Form 214, statement of service, and the applicant's statement, there
is no documentation to support the discharge action. Based on the
directives in effect at the time of his discharge, DPPRS believes the
discharge was within the discretion of the discharge authority. He did not
identify any errors in the discharge processing nor did he provide any
facts warranting an upgrade to his discharge. Because the incident
occurred over 50 years ago and the reason for fraudulent enlistment no
longer exists today, DPPRS would not object to upgrading his discharge
based on the results of a search of his FBI records. The DPPRS evaluation
is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 21 Mar
03 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
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 error or injustice warranting an upgrade to the
characterization of the applicant's discharge. Since it has been over 50
years since his discharge and it appears that he has been a productive
member of society, we believe it would be an injustice for him to continue
to suffer the adverse effects of a general discharge. Therefore, we agree
with the opinion and recommendation of the office of primary responsibility
and recommend that his discharge be upgraded to honorable. Accordingly, we
recommend that his records be corrected to the extent 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 3 March 1953 he was honorably
discharged and furnished an Honorable Discharge certificate.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2003-00583
in Executive Session on 6 May 03, under the provisions of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Mr. Vaughn Schlunz, Member
Ms. Mary J. Johnson, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Feb 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 11 Mar 03.
Exhibit D. Letter, SAF/MRBR, dated 21 Mar 03.
Exhibit E. FBI Investigative Report, dated 28 Mar 03.
ROSCOE HINTON, JR.
Panel Chair
AFBCMR BC-2003-00583
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 3 March 1953, he was
honorably discharged and furnished an Honorable Discharge certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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