RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01331
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His under other than honorable conditions (undesirable)
discharge be upgraded to general (under honorable conditions).
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He made a mistake as a youth and would like to clear his record.
He has no other charges in the past 50 years. He would like to
be buried with a discharge other than undesirable.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
On 11 Jul 60, the applicant enlisted in the Regular Air Force
and was progressively promoted to the grade of airman third
class.
On 10 Feb 61, the applicant was notified by his commander that
he was recommending his discharge from the Air Force for
misconduct. The specific reason for this action was on 3 Feb
61, the applicant was found guilty in a civil court for an
offense which the maximum punishment under the Uniform Code of
Military Justice (UCMJ) was confinement in excess of one year.
The applicant acknowledged receipt of the notification of
discharge and, after consulting with counsel, requested that his
case be heard by a Board of Officers, and that he be permitted
to appear before the board.
On 20 Feb 61, a Board of Officers convened and found the
applicant was subject to discharge for misconduct for a civil
court disposition. The Board recommended the applicant be
discharged from the Air Force with an undesirable discharge.
The Staff Judge Advocate reviewed the case and found it legally
sufficient to support the findings and recommendations of the
Board and recommended the applicant receive an undesirable
discharge.
The discharge authority approved the separation and on, 30 Mar
61, he was discharged under the provisions of AFR 39-22,
Disposition of Individuals Convicted by Civil Court, with service
characterized as under other than honorable conditions
(undesirable). He served a total of 8 months and 10 days of
active duty service.
A copy of a Federal Bureau of Investigation (FBI) report,
provided pursuant to the Boards request, contained no entries
subsequent to the applicants discharge (Exhibit C).
On 22 Jul 11, the AFBCMR staff offered the applicant an
opportunity to provide information pertaining to his activities
since leaving the service (Exhibit D).
The applicant responded with a personal letter and two character
reference letters.
The applicants complete 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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After a
thorough review of the evidence of record and the applicants
submission, we are persuaded relief is warranted in this case.
While we found no evidence of an error or injustice with regards
to the discharge processing, and it appears the discharge was
consistent with the substantive requirements of the discharge
regulation and was within the commander's discretion.
Nevertheless, we recognize the adverse impact of the applicants
undesirable discharge; and, while it may have been appropriate
at the time, we believe it would be an injustice for him to
continue to suffer its effects. Based on the character
reference letters submitted in his behalf, it appears the
applicant has been a responsible citizen and productive member
of society since leaving the service. Therefore, we believe an
upgrade of his discharge to general (under honorable conditions)
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 30
March 1961, he was discharged with service characterized as
general (under honorable conditions).
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2011-01331 in Executive Session on 1 Sep 11, 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 10 Apr 11.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation, dated 12 Jul 11.
Exhibit D. Letter, SAF/MRBC, dated 22 Jul 11.
Exhibit E. Letter, Applicant, dated 14 Aug 11, w/atchs.
Panel Chair
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