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AF | BCMR | CY2005 | BC-2005-01292
Original file (BC-2005-01292.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01292
                       INDEX CODE:  110.00
                       COUNSEL:  AMERICAN LEGION

                       HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE: 20 OCT 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Upon returning early from leave, he was unjustly thrown  in  the  brig
for sleeping in  his  barracks.   He  also  believes  he  received  an
undesirable discharge because  he  testified  at  a  court-martial  on
behalf of a black airman.  He was young and did  not  understand  that
accepting the undesirable discharge would eliminate him from receiving
benefits.

Applicant's complete submission, with an attachment,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military records were destroyed in the 1973  fire  at  the
National Personnel Records Center (NPRC).

The available records reflect the applicant served on active duty from
22 April 1953 through 30 October 1954.  Per Special Order Number  251,
dated 28 October 1954, the  applicant  was  discharged  on  30 October
1954, with an undesirable discharge.  He served one year,  six  months
and eight days of active service.

Pursuant to the Board’s request, the Federal Bureau of  investigation,
Washington, D.C., indicated on the basis of the  data  furnished  they
were unable to locate an arrest record (Exhibit C).

On 10 May 2005, the Board staff requested the applicant provide  post-
service information (Exhibit D).

In response, the applicant provided  copies  of  references  from  his
employer, local police department, his housing community and  he  also
designated counsel (Exhibit E).

On 8 June 2005, the Board staff forwarded the  applicant’s  designated
counsel a copy of his application and associated documents for  review
and response.  As of this date, no response has been received (Exhibit
F).

_________________________________________________________________

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 of timely file.

3.    It appears  the  applicant’s  personnel  files  were  apparently
destroyed by fire in 1973; therefore,  based  on  the  presumption  of
regularity in the conduct of government affairs and  without  evidence
to the contrary, we must assume that  the  servicemember’s  separation
was  proper   and   in   compliance   with   appropriate   directives.
Nevertheless, the Board finds that in view of the applicant’s apparent
successful transition to civilian life,  as  evidenced  by  the  post-
service documentation  he  has  provided,  and  considering  that  the
discharge is over 50 years old, it serves no useful purpose to the Air
Force or society in general to continue the nature of his discharge at
this late date.  Therefore, the Board is of the opinion that upgrading
his discharge to honorable based on clemency, would be appropriate and
this we so recommend.

_________________________________________________________________

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 October 1954, he
was  honorably  discharged  and  furnished  an   Honorable   Discharge
Certificate.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 14 July 2005 under the provisions of AFI 36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Ms. Martha A. Maust, Member
                 Ms. Sharon B. Seymour, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence pertaining to AFBCMR Docket Number  BC-
2005-01292 was considered:

   Exhibit A.  DD Form 149, dated 11 Apr 05, w/atch.
   Exhibit B.  Fire Related Documents.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFBCMR, dated 10 May 05.
   Exhibit E.  Letter, Applicant, dated 19 May 05.
   Exhibit F.  Letter, AFBCMR, dated 8 Jun 05.




                                        KATHLEEN F. GRAHAM
                                        Panel Chair






AFBCMR BC-2005-01292





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             , be corrected to show that on 30
October 1954, he was honorably discharged and furnished an Honorable
Discharge Certificate.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

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