RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-
02977
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 31 MARCH 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He just found out about the appeal process.
In support of his appeal, applicant submits copies of his NME Form
4, Enlistment Record – United States Air Force, WD AGO Form 53-59,
Enlisted Record and Report of Separation – Undesirable Discharge,
and three letters of character reference.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
All attempts to obtain applicant’s military personnel records have
been unsuccessful. It appears his records may have been destroyed
in the fire at St. Louis in 1973.
Documentation provided by the applicant reflects he entered active
duty in the Regular Air Force on 28 Jun 49, and he was discharged
on 14 Apr 51, in the grade of private, under the provisions of AFR
39-17, with an undesirable discharge. He served 1 year, 7 months,
and 27 days (excluding 50 days lost under AW 107).
Pursuant to the request of the Board on 5 Dec 05, the Federal
Bureau of Investigation, Clarksburg, WV, indicated on 5 Dec 05,
that, on the basis of data furnished, they are unable to locate an
arrest record (Exhibit B).
___________________________________________________________________
AIR FORCE EVALUATION:
EXAMINER’S NOTE: Due to applicant’s military personnel records
being missing or destroyed, the Air Force office of primary
responsibility was unable to provide an advisory opinion addressing
the discharge action.
On 15 Dec 05, the AFBCMR staff offered the applicant an opportunity
to provide additional documentation pertaining to his service in
the Air Force and the facts surrounding his discharge. To date, no
response has been received by this office. (Exhibit C)
___________________________________________________________________
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 probable error or injustice. After careful
consideration of the limited records available for our review, we
found no evidence that the applicant’s discharge was inappropriate
or contrary to the governing regulations in effect at the time.
Nevertheless, we recognize the adverse impact of the applicant’s
undesirable discharge; and, while it may have been appropriate at
the time, we believe it would be an injustice for him to continue
to suffer its effects. Based on the letters of character reference
submitted in his behalf, it appears the applicant has been a
responsible citizen and productive member of society since leaving
the service. Therefore, we believe an upgrade of his discharge to
general (under honorable conditions) is warranted on the basis of
clemency. His request for upgrade to honorable was considered;
however, without complete knowledge of the circumstances of his
discharge and the overall quality of his service, we do not believe
that an upgrade to a fully honorable discharge is warranted.
4. Notwithstanding the above, should the applicant provide
additional letters of character reference, the Board may be willing
to reconsider the applicant’s appeal for an upgrade to honorable.
5. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably considered.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 14 April 1951,
he was discharged with service characterized as general (under
honorable conditions).
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2005-02977 in Executive Session on 24 January 2006, under the
provisions of AFI 36-2603:
Ms. Marilyn M. Thomas, Vice Chair
Mr. Vance E. Lineberger, Member
Mr. Jay H. Jordan, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Nov 05, w/atchs.
Exhibit B. FBI Report of Investigation.
Exhibit C. Letter, AFBCMR, dated 15 Dec 05.
MARILYN M. THOMAS
Vice Chair
AFBCMR BC-2005-02977
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 14 April
1951, he was discharged with service characterized as general
(under honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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