RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02842
HEARING DESIRED: NOT INDICATED
APPLICANT REQUESTS THAT:
1. His undesirable discharge be upgraded to honorable.
2. He be reinstated to the rank of Sergeant.
APPLICANT CONTENDS THAT:
The undesirable discharge was unwarranted due to a complete
pardon being issued. He is now in his 80s and wants to leave a
clean slate of his service record for his family.
Sometime in March of 1950, he was arrested by civil authorities.
He spent 43 days in jail awaiting court proceedings. He was
never approached by anyone from the military.
He was subsequently convicted of the offense which caused him to
show up on the daily military report as being absent without
He was sentenced to serve a six-month term. After several weeks,
he became a trustee of the sheriff. He was eventually issued a
pardon from the Governor which was given to him by the sheriff.
It was always his intent to stay in the military but he thought
he was not permitted to reenlist. He did not realize he could
have continued his military service.
In support of his request, the applicant provides a copy of a
letter from the District Judge to the Governor, a copy of the
official executive order of pardon dated 9 August 1950, his WD
Form 53-59 Enlisted Record and Report of Separation Undesirable
Discharge, with a date of separation of 13 June 1950, and a copy
of his previous Honorable Discharge Certificate with a
10 November 1948 date of discharge.
The applicants complete submission, with attachments is at
STATEMENT OF FACTS
On 5 April 1949 the applicant re-enlisted from the Army into the
Air Force at the U.S. Army Recruiting Station for a term of
three years after serving in the Army for 2 years and 9 months.
As indicated by the WD Form 53-59, on 13 June 1950 the applicant
was separated from the Air Force with an undesirable discharge.
He was credited with 3 years, 10 months and 6 days of total
In a letter dated 29 July 1950 the District Judge petitioned the
Governor of the State of New Mexico to consider granting the
applicant a pardon. The District Judge states the Sheriffs
Department and the District Attorneys Office had informed him
that the applicant was a model prisoner who in their opinion was
entitled to every consideration in order that he may retain his
military status. He was sentenced to serve a term of six months
for a charge of taking an automobile without permission of the
owner and driving it from a night club to the local city.
Another young man was involved in the incident and it had come
to their attention that the other man was principally
responsible for the incident.
In an executive order dated 9 August 1950 the Governor granted
the applicant a complete pardon from further service of said
Pursuant to the Board's request, the FBI was unable to identify
an arrest record on the basis of information furnished.
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 an injustice. Even
though the applicant has provided no evidence to show that his
discharge was improper or not in compliance with appropriate
directives, it is our opinion that approval of some relief is
warranted in this case on the basis of clemency. It appears
that he has led a stable and productive life and there is no
evidence that he has had any subsequent serious involvement of a
derogatory nature since his separation from the Air Force,
considering the fact that his FBI report indicates no adverse
information over the past 50 years. In light of the above, we
believe that it would be an injustice for him to continue to
suffer the adverse effects of an undesirable discharge and his
discharge should be upgraded to general. In the absence of any
information from the applicant documenting his activities since
leaving the service, we are not inclined to favorably consider
his request for an honorable discharge. However, the Board is
willing to reconsider the applicants request and have included
an Information Bulletin to assist him in submitting a future
request. As to the applicants request to be reinstated to the
rank of Sergeant, he has provided no evidence indicating his
rank was incorrect at the time of his discharge. In the absence
of such evidence we are not inclined to favorably consider this
portion of his application. Accordingly, we recommend that his
records be corrected as indicated below.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that on
13 June 1950, he was discharged with service characterized as
General (Under Honorable Conditions).
The following members of the Board considered this application
BC-2011-02842 in Executive Session on 27 March 2012, under the
provisions of AFI 36-2603:
, Panel Chair
The following documentary evidence was considered:
DD Form 149, dated 10 June 2011, w/atchs.
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 it is directed that:
The pertinent military records of the Department of the Air Force relating to the
APPLICANT be corrected to show that on 13 June 1950, he was discharged with service
characterized as General (Under Honorable Conditions).
Air Force Review Boards Agency
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00596 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to honorable. His sentence consisted of reduction to the grade of airman basic (AB/E-1), 30 days of confinement at hard labor and forfeiture of $30. On 8 Sep 59, the Air Force Discharge...
SECOND ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-1985-03480 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: In the applicant’s request for reconsideration, he requests that his undesirable discharge be upgraded to general. On 23 February 1985, the applicant submitted an application requesting that his undesirable...
The applicant waived his right to a hearing before an administrative discharge board, chose not to submit a statement in his own behalf, and requested not to be considered for the probation and rehabilitation (P&R) program. The discharge authority approved the discharge on 18 March 1974 and ordered an undesirable characterization without P&R. While we note the applicant’s assertion that he has not been in any trouble since his separation, the seriousness of the offenses for which the...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00252 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to general (under honorable conditions). At the same time, the AFBCMR staff offered the applicant an opportunity to provide information pertaining to his activities since leaving the service (Exhibit D). Exhibit...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03572 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 25 MAY 2008 ___________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (undesirable) discharge be upgraded to honorable. On 4 December 1964, the applicant’s commander notified him that he was recommending him for...
On 3 November 1948, the applicant was tried and found guilty by a special court-martial for being AWOL from on/or about 9 September 1948 to on/or about 27 September 1948. In support of his request, he submits a copy of his WD AGO Form 53-59, Enlisted Record and Report of Separation Undesirable Discharge; and, a letter of support from his spouse. _________________________________________________________________ THE BOARD CONCLUDES THAT: In earlier findings, the Board determined that there...
On 24 Oct 78, the Air Force Discharge Review Board (AFDRB) denied the applicants request to upgrade his Undesirable discharge to an Honorable discharge indicating the discharge was consistent with the procedural and substantive requirements of the discharge regulations and was within the sound discretion of the discharge authority. In the interest of justice, we considered upgrading the discharge on the basis of clemency; however, we do not find the evidence presented is sufficient to...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04487 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to a general (under honorable conditions). _________________________________________________________________ APPLICANT CONTENDS THAT: Prior to his enlistment he received a juvenile conviction and was led to...
The applicant requests, in effect, that his discharge under other than honorable conditions be upgraded to an honorable or general discharge. The applicant essentially states that he was arrested and convicted of first degree armed robbery in 1977 in the State of Washington, but since that time he has no criminal history. However, the applicant was not awarded a personal decoration which might have warranted a general discharge, and his record of misconduct so far outweighs his record of...
In a legal review of the discharge case file, the staff judge advocate found it legally sufficient and recommended she be discharged from the Air Force with a general discharge. Pursuant to the Board’s request, the FBI indicated that on the basis of the data furnished, they were unable to locate an arrest record pertaining to the applicant. _________________________________________________________________ The following members of the Board considered Docket Number BC-2007-02842 in...