RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00706
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharging officer informed him that after 10 years, his
discharge could be upgraded to honorable.
In support of his request, the applicant provides a letter from
his church and copy of his DD Form 293, Application for the
Review of Discharge from the Armed Forces of the United States.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 18 June 1952
and was progressively promoted to the grade of airman third
class.
On 29 June 1955, the applicant was notified by his commander that
he was recommending he be discharged from the Air Force under the
provisions of AFR 39-16, Discharge for Unsuitability, with a
general discharge. The specific reasons for this action were: 1)
He received two Article 15 actions for being late for work; 2) He
received a summary court-martial for falsifying an official
record and sleeping on his post as a barracks guard; 3) He was
diagnosed with a schizoid personality.
The applicant acknowledged receipt of the notification of
discharge and received advice from a military defense attorney.
On 1 July 1955, the discharge authority determined that a general
discharge was appropriate in light of the applicants overall
military record.
On 22 July 1955, the applicant was discharged with a general
discharge after completing three years, one month and five days
of total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C).
The applicant provided information outlining his post service,
pictures and a certificate of training from the State of South
Carolina Law Enforcement Training Council.
The complete applicant response, with attachments, is at Exhibit
E.
_________________________________________________________________
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. After a thorough review of the evidence of record we see no
evidence to show that the applicants discharge was erroneous or
unjust. However, we recognize the adverse impact of the
applicants discharge, 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. In view of the information
submitted in support of his appeal, as well as the absence of any
derogatory involvement with civil authorities, it appears the
applicant has been a responsible citizen and productive member of
society since his separation. Therefore, we believe an upgrade
of the characterization of his discharge to honorable is
warranted on the basis of clemency. Accordingly, we recommend
that his 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 22 July 1955,
he was honorably discharged and furnished an Honorable Discharge
Certificate.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-00706 in Executive Session on 15 July 2010, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation, dated 19 Mar 10.
Exhibit D. Letter, AFBCMR, dated 1 Jun 10.
Exhibit E. Applicants Response, undated, w/atchs.
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