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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