RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00900
INDEX CODE: 110.02, 106.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge (UOTHC) be changed
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was unjustly given an undesirable discharge. He states that he
served honorably from 1951 through 1959. In March 1959, his allotment
to his pregnant wife was erroneously stopped by the Air Force. His
family was living under undesirable conditions and needed money, food
and medical care, as he unsuccessfully attempted to correct his pay
problems. He left the base for a private job to provide for his
family. In April 1959, the applicant turned himself in with hopes of
continuing his military career. In May 1959, he was advised to accept
an undesirable discharge or he would be held in the brig until his
court martial. He contends that the Air Force made a mistake with his
allotment, he could not support his family, and the Air Force should
be held responsible for the subsequent events.
He has lived a good honest life, provided for his family, and requests
this injustice be corrected for the benefit of himself and his family.
The applicant states that he enlisted in the Air Force at the age of
seventeen and served a four year enlistment with an honorable
discharge on 5 April 1956. He intended to make a career of the
service and re-enlisted on 6 April 1956. After completing jet engine
school he was reassigned to Davis Monthan AFB. During the move his
pay records were lost and his wife, who was due to give birth to their
second child was forced to move with her mother. His wife failed to
receive his allotment for 2 months and he was not paid travel
allowance.
In January 1959, upon reporting to Davis Monthan AFB quarters were
unavailable and he was forced to sleep in his car. During this time,
his car was vandalized and all of his possessions were stolen. He
visited finance several times to reconcile his pay records. However,
he was informed that his records could not be located. Unable to
obtain financial assistance he left the base and returned to his
family in Arizona. In March 1959, he turned himself in to
authorities, and was confined to the stockade pending court martial.
The squadron commander offered him a summary court martial, with
immediate release and an undesirable discharge under the terms that he
would not contest. He accepted the offer and received a UOTHC in
July 1959.
His post service accomplishments include, a sustained work history as
a mechanic and machinist until he was accepted into the operating
engineers association. He worked with heavy equipment prior to
filling a supervisory position in 1972. He has an overseas clearance
and has supervised assignments over the past 15 years.
He is semi-retired, still married to the same wife and they reside
near their children, grandchildren and one great grandchild.
In support of his request, applicant provided a copy of his DD Form
214, Report of Separation from the Armed Forces of the United States,
a copy of a letter from the Air Force Accounting and Finance Center, a
personal statement, a letter of appreciation, a copy of service school
awards, a letter of commendation and 5 character reference letters.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s master personnel records appear to have been destroyed by
fire at the National Personnel Records Center in 1973.
Data extracted from documents provided by the applicant reflect that
he enlisted in the Air Force as an airman basic on 29 December
1951. He was discharged on 23 July 1959 under the provisions of AFR
39-17 (Unfitness) and given a UOTHC.
A post service letter was sent to applicant on 30 April 2003. A copy
of the letter is at Exhibit B.
Applicant’s reply is included at Exhibit C.
_________________________________________________________________
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 11 April 2003, that, on the basis of data
furnished, they are unable to locate an arrest record.
_________________________________________________________________
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. Based upon the presumption of
regularity in the conduct of governmental affairs and without evidence
to the contrary, we must assume that the applicant’s discharge was
proper and in compliance with appropriate directive. However, under
our broader mandate and after careful consideration of all the facts
and circumstances of applicant's case, we conclude that corrective
action is appropriate as a matter of equity and on the basis of
clemency.In this respect, we are persuaded that applicant has overcome
the behavioral traits, which led to the contested discharge and he has
been a productive member of society. We recognize the adverse impact
of the discharge applicant received; and, while it may have been
appropriate at the time, we believe it would be an injustice for
applicant to continue to suffer its effects. We therefore conclude
that applicant's discharge should be upgraded to honorable.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to [applicant], be corrected to show that on 23 July 1959, he
was discharged and furnished an Honorable Discharge certificate.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2003-
00900 in Executive Session on 17 July 2003, under the provisions of
AFI 36-2603:
Ms. Patricia D. Vestal, Panel Chair
Mr. Clarence D. Long III, Member
Ms. Sharon Seymour, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Mar 03 w/atchs.
Exhibit B. Letter, SAF/MRBC, dated 30 Apr 03.
Exhibit C. Letter, Applicant, dated 19 May 03 w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 17 Mar 03.
PATRICIA D. VESTAL
Panel Chair
AFBCMR BC-2003-00900
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States
Code and Air Force Instruction 36-2603, and having assured compliance
with the provisions of the above regulation, the decision of the Air
Force Board for Correction of Military Records is announced, and it is
directed that:
The pertinent military records of the Department of the Air
Force relating to [applicant], be corrected to show that on 23 July
1959, he was discharged and furnished an Honorable Discharge
certificate.
JOE G.
LINEBERGER
Director
Air Force
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