RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02050
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His brother’s general, under honorable conditions, discharge be
upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His brother was medically discharged after having served for over two
years. He was told that his discharge would be honorable and believed
it to be so. However, after serving for more than two years with an
unblemished record and listed as promotable on his DD Form 214,
Certificate of Release or Discharge from Active Duty, he was issued a
general, under honorable conditions, discharge.
In support of his appeal, the applicant has provided a personal
statement and copies of his brother’s DD Form 214, a general discharge
certificate, a Michigan state police criminal records check, and two
letters of support.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant's brother’s military personnel records were destroyed by
fire in 1973. Therefore, the facts surrounding his discharge cannot
be verified. Data extracted from available records reflects that he
enlisted in the Regular Force on 2 March 1955, was discharged on 8
April 1957, and issued a general, under honorable conditions
discharge.
_________________________________________________________________
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. 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 directives. Consideration of
this Board, however, is not limited to the events that precipitated
the discharge. Further, we may base our decision on matters of equity
and clemency rather than simply on whether rules and regulations that
existed at the time were followed. Under our broader mandate and
after careful consideration of all the facts and circumstances of
applicant's case, we are persuaded that corrective action is
appropriate as a matter of equity and on the basis of clemency. 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 8 April 1957, he
was honorably discharged and furnished an Honorable Discharge
certificate.
______________________________________________________________
The following members of the Board considered this application in
Executive Session on 13 October 2004, under the provisions of AFI 36-
2603:
Ms. Martha J. Evans, Panel Chair
Mr. Jay H. Harden, Member
Ms. Carolyn B. Willis, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Jul 04, w/atchs.
Exhibit B. Available Records.
Exhibit C. Letter, SAF/MRBR, dated 30 Jun 04.
MARTHA J. EVANS
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
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Office Of The Assistant Secretary
AFBCMR BC-2004-02050
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 8 April
1957, he was honorably discharged and furnished an Honorable Discharge
certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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