RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00833
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Undesirable Discharge be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was unjustly discharged and was only fifteen years old when
he enlisted.
In support of his request, the applicant provides copies of his
Certification of Military Service and his birth certificate.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records were apparently
located in the area most heavily damaged in the fire at the
National Personnel Records Center (NPRC) in 1973. Documents
provided by the applicant indicate he served on active duty from
1 Apr 55 through 3 May 57. According to available records, the
applicant was discharged for unfitness under the provisions of
AFR 39-17, Unfitness.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report
indicating they were unable to locate an arrest record on the
basis of the information provided.
A request for post-service information was forwarded to the
applicant on 25 Jun 10. In response, the applicant provides an
expanded statement and copies of three letters of support,
documents related to his New York City retirement, and a copy of
his birth certificate (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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. It appears
the applicants records were destroyed by fire in 1973 at the
NPRC. Therefore, the facts surrounding his separation and
character of service could not be verified. However, based on
the presumption of regularity in the conduct of governmental
affairs, we must assume the applicants discharge and service
characterization were proper and in compliance with the
directive under which it was effected. Nonetheless,
consideration of this Board is not limited to the events which
precipitated the discharge. In this respect, it may base its
decision on matters of equity and clemency rather than simply on
whether rules and regulations which existed at the time were
followed. Under this broader mandate, and after careful
consideration of all the facts and circumstances of applicant's
case, we are persuaded corrective action is warranted based on
clemency. While it appears the applicant has made a successful
transition to civilian life and the continued stigma of his
Undesirable Discharge is unduly harsh and no longer serves any
useful purpose, we do not find the evidence sufficient to
warrant an upgrade of his discharge to honorable. However, in
view of the passage of time and his post-service adjustment, we
believe upgrading his discharge to general is appropriate in
this case. Accordingly, we recommend the applicants Undesirable
Discharge be upgraded to general.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that on
3 May 1957, he was discharged with service characterized as
General (Under Honorable Conditions).
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-00833 in Executive Session on 5 Oct 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-0833 was considered:
Exhibit A. DD Forms 149, dated 24 Feb 10, w/atchs.
Exhibit B. Applicant's Available Personnel Records.
Exhibit C. Letter, AFBCMR, dated 25 Jun 10, w/atch.
Exhibit D. Letter, Applicant, dated 19 Jul 10, w/atchs.
Panel Chair
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