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AF | BCMR | CY2010 | BC-2010-00446
Original file (BC-2010-00446.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00446 

 INDEX CODE: 110.02 

 XXXXXXXXXXXXXXXXXXXXX COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His general (under honorable conditions) discharge be upgraded to 
an honorable discharge. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He just wanted to help during wartime. His service work was 
uniformly excellent and he has lived with this stigma long 
enough. 

 

The applicant does not provide any evidence in support of his 
appeal. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
served on active duty from 1 February 1951 thorough 31 January 
1952. 

 

On 23 January 1952, the applicant was evaluated by Neurology for 
having convulsive episodes. The evaluation revealed the 
applicant had a history of seizures since age 12; and, that he 
concealed it on the medical history form of his enlistment 
record. On 25 January 1952, his commander recommended the 
applicant be administratively separated from the service under 
the provisions of Air Force Regulation 39-21, paragraph 7. The 
discharge authority approved the recommendation and directed the 
applicant be separated with a general discharge, in accordance 
with Air Force Regulation 39-21B, paragraph 10b. 

 

On 31 January 1952, the applicant was released from active duty 
with a general (under honorable conditions) discharge. According 
to his DD Form 214, Report of Separation from the Armed Forces of 
the United States, the reason for his separation was indicated as 
“Fraudulent entry into service, concealment of physical defect.” 
He served one year on active duty. 

 


Pursuant to the Board’s request, the Federal Bureau of 
Investigation, Clarksburg, WV, indicated that on the basis of the 
data furnished, they were unable to locate an arrest record 
pertaining to the applicant. 

 

On 29 April 2010, the applicant was given the opportunity to 
submit comments about his post service activities (Exhibit C). 

 

In response the applicant provided a personal statement, a copy 
of his resume, and two character references. 

 

The applicant’s response, 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 excuse the failure to timely file. 

 

3. The Board finds no impropriety in the characterization of 
applicant's discharge. It appears that responsible officials 
applied appropriate standards in effecting the separation, and we 
do not find persuasive evidence that pertinent regulations were 
violated or that the applicant was not afforded all the rights to 
which entitled at the time of discharge. The applicant has not 
shown the characterization of the discharge was contrary to the 
provisions of the governing regulation, nor has it been shown the 
nature of the discharge was unduly harsh or disproportionate to 
the offenses committed. Considered alone, we conclude the 
discharge proceedings were proper and characterization of the 
discharge was appropriate to the existing circumstances. 

 

4. Consideration of this Board, however, is not limited to the 
events which precipitated the discharge. We have a Congressional 
mandate which permits consideration of other factors; e.g., 
applicant's background, the overall quality of service, and post-
service activities and accomplishments. Further, 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. This is a much broader consideration than officials 
involved in the discharge were permitted, and our decision in no 
way discredits the validity of theirs. 

 

5. Taking into consideration the available post-service 
information, it appears likely that the applicant has led a 
stable and productive life since the separation. We recognize 
the adverse impact of the discharge the applicant received; and, 
while it may have been appropriate at the time, we believe it 
would be an injustice for the applicant to continue to suffer its 


effects. Accordingly, we find that corrective action is 
appropriate on the basis of clemency and recommend the records be 
corrected as indicated below. 

 

_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that on 31 January 
1952, he was honorably discharged and furnished an Honorable 
Discharge certificate. 

 

_________________________________________________________________ 

 

The following members of the Board considered this application in 
Executive Session on 13 October 2010, under the provisions of AFI 
36-2603: 

 

 XXXXXXXXXXXXXXXXXXXX, Panel Chair 

 XXXXXXXXXXXXXXXXXXXX, Member 

 XXXXXXXXXXXXXXXXXXXX, Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence for AFBCMR Docket Number BC-2010-
00446 was considered: 

 

 Exhibit A. DD Form 149, dated 29 Jan 10. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 29 Apr 10, w/atch. 

 Exhibit D. Letter, Applicant, dated 13 May 10, w/atchs. 

 

 

 

 

 XXXXXXXXXXXXXXXXXX 

 Panel Chair 



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