RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-02122

            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Following his second enlistment  he  was  discharged  with  a  general
discharge because the Air Force was downsizing.   He  believes  he  is
entitled to an honorable discharge because the discharge was  not  for
any infractions or misconduct.

In support of his appeal, the applicant provides a personal statement,
copies his DD Forms 214, Armed Forces of the United States  Report  of
Transfer or Discharge.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military records were destroyed in 1973  by  fire  at  the
National Personnel Records Center (NPRC), St Louis, MO.

The DD Forms 214 provided by the applicant reflect that he  contracted
his initial enlistment in the Air Force on 8 Jun 55, and reenlisted on
9 Dec 57.  He was discharged on  7 Jul 58  with  a  general  discharge
under   the    provisions    of    Air    Force    Regulation    39-16
(Inaptitude/Unsuitability).

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force, which is attached at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS  recommends  denial.   DPSOS  states  that   although   the
applicant provided some documentation in support  of  his  request  to
have his discharge upgraded  he  has  not  provided  any  evidence  or
identified  any  errors  or  injustices  in  the  processing  of   his
discharge, nor has he provided any facts to warrant a  change  in  the
character of service.  DPSOS notes there is insufficient  evidence  in
his military record to confirm the circumstances and facts surrounding
his discharge.  Absent such documentation,  there  is  presumption  of
regularity.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
19 Nov 10 for review and comments within 30 days.  As of this date, no
response has been received by this office.

_________________________________________________________________

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 majority 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
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 the applicant has  overcome  the  behavioral  traits
which led to the discharge action and 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,  the  Board
majority 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  7 July  1958,  he
was discharged with service characterized as honorable and  issued  an
Honorable Discharge certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2010-02122 in Executive Session on 11 Jan 11, under the provisions  of
AFI 36-2603:

      , Panel Chair
      , Member
      , Member

By  majority  vote,  the  Board  voted  to  correct  the  records,  as
recommended.             voted to deny the request but does not desire
to submit a Minority Report.  The following documentary  evidence  was
considered:

    Exhibit A.  DD Form 149, dated 3 Jun 10, w/atchs.
    Exhibit B.  Letter, AFPC/DPSOS, dated 9 Nov 10.
    Exhibit C.  Letter, SAF/MRBR, dated 19 Nov 10.





                                             Panel Chair






AFBCMR BC-2010-02122





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   , be corrected to  show  that  on  7 July  1958,  he  was
discharged with  service  characterized  as  honorable  and  issued  an
Honorable Discharge certificate.





                             Director
                             Air Force Review Boards Agency