RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01032
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
general (under honorable conditions).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had a lot of fights in the Air Force, which resulted in a few court-
martials. If a person used a racial slur towards him or called him outside
his name, he would fight in a minute. That type of attitude led to his
UOTHC discharge. That's just the way things were at the time. He would
have finished his tour with a good discharge but it was not up to him.
In support of his request, applicant provided a personal statement, a
statement of service, and a character reference. His complete submission,
with attachments is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant's military personnel records cannot be located at the
National Personnel Records Center, St. Louis, MO, and are assumed to have
been destroyed by fire in 1973. Data extracted from the reconstructed
record reflects that he enlisted in the Regular Air Force on 2 Sep 55 and
was discharged on 30 Dec 57 with an under other than honorable conditions
discharge in the grade of airman basic.
A clemency information bulletin was provided to the applicant on 19 Apr 04,
for comment within 30 days. He provided several character references which
are appended at Exhibit A. The Federal Bureau of Investigation was unable
to conduct a search of the criminal database for information pertaining to
the applicant because of the limited personal information that is
available.
_________________________________________________________________
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. Inasmuch as the facts surrounding the
applicant'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. Nevertheless, in view of the evidence
provided, we believe that the applicant has been a productive member of
society since his discharge and that it would be an injustice for him to
continue to suffer the adverse effects of his under other than honorable
conditions discharge. Therefore, on the basis of clemency, we believe an
upgrade of discharge to general (under honorable conditions) is warranted.
Accordingly, we recommend his records 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 30 December 1957, he was
discharged with service characterized as general (under honorable
conditions).
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2004-
01032 in Executive Session on 16 Jun 04, under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Michael J. Novel, Member
Mr. Olga M. Crerar, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Mar 04, w/atchs.
Exhibit B. Applicant's Reconstructed Personnel Records.
Exhibit C. Letter, SAF/MRBC, dated 19 Apr 04.
MICHAEL K. GALLOGLY
Panel Chair
AFBCMR BC-2004-01032
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 30 December 1957, he
was discharged with service characterized as general (under honorable
conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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