RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01685
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY COMPLETION DATE: 9 December 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Most of his 13 years of service were honorable; however, in his last year
of service he developed a drinking problem. The drinking problem coupled
with a divorce resulted in his discharge from the Air Force. He states
the Air Force didn't have programs in place in 1959 to help airmen with
drinking problems.
In support of the appeal, the applicant submits a personal letter; copies
of his DD Forms 214, Armed Forces of the United States Report of Transfer
or Discharge; a copy of his DD Form 257AF, General Discharge certificate;
a copy of his DD Form 256AF Honorable Discharge certificate; a copy of his
Certificate of Training for the Personnel Management Course; and a copy of
his DD Form 4, Enlistment Record.
The complete submission, with attachments, is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s military personnel records were destroyed by fire in 1973.
Therefore, the facts surrounding his separation cannot be verified. Data
extracted from his reconstructed records reflects that he served in the
Army Air Corps between 26 October 1945 and 30 April 1948 and was honorably
separated in the grade of corporal. Applicant enlisted in the Regular Air
Force on 4 April 1949, contracting his last enlistment on 20 February
1956. The applicant was discharged in the grade of airman second class on
23 December 1959 with service characterized as a general (under honorable
conditions). He served a total of 13 years, 2 months and 25 days on
active duty.
Pursuant to the Board’s request, the FBI indicated that on the basis on
the data furnished, they were unable to locate an arrest record. (Exhibit
B).
In response to the Board staff requesting post-service information, the
applicant states at the time he was unhappy with his wife, his outfit, and
life in general and going absent without leave was the worst decision of
his life. To this day he does not know what made him do it considering
how much he loved the Air Force. In addition, he provides two character
letters, a certificate of Recognition and Appreciation from the Veterans
for World Affairs and a certificate for being a member in good standing
with the American Legion for 20 years.
The applicant’s complete submission, with attachments is at Exhibit D.
_________________________________________________________________
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 waive the failure to timely file.
3. After a thorough review of the evidence of record, we see no evidence
to show that the applicant’s discharge was erroneous or unjust. We have
thoroughly reviewed the circumstances surrounding the applicant's
discharge and we find no impropriety in the characterization of his
service. Notwithstanding the above, consideration by this Board, is not
limited to the events which precipitated the discharge. We may base our
decision on matters of equity and clemency rather than simply on whether
rules and regulations which 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 on the basis of clemency. Since it has been over 48 years
since his discharge and it appears likely he has led a productive and
stable life, we believe it would be an injustice for him to continue to
suffer from the adverse effects of the general discharge. Therefore, we
believe that on the basis of clemency applicant’s discharge should be
upgraded to honorable.
4. 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 issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that that on 23 December 1959, he was
honorably discharged and furnished an Honorable Discharge certificate.
________________________________________________________________
The following members of the Board considered Docket Number BC-2006-01685
in Executive Session on 8 August 2006, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. John E. Pettit, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 May 06, w/atchs.
Exhibit B. FBI Report, dated 7 Jul 06.
Exhibit C. Letter, SAF/AFBCMR, dated 29 Jun 06, w/atchs.
Exhibit D. Letter, Applicant, not dated
CHARLENE M. BRADLEY
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office of the Assistant Secretary
BC-2006-01685
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 XXXXXXX, XXXXXXX be corrected to show that on 23 December 1959,
he was honorably discharged and furnished an Honorable Discharge
certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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