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AF | BCMR | CY2006 | BC-2006-01685
Original file (BC-2006-01685.doc) Auto-classification: Approved

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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