RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02842
COUNSEL: NONE
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
leave (AWOL).
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
Exhibit A.
________________________________________________________________
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
service.
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
sentence.
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
considered.
________________________________________________________________
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
, Member
, Member
The following documentary evidence was considered:
DD Form 149, dated 10 June 2011, w/atchs.
Panel Chair
AFBCMR BC-2011-02842
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).
Director
Air Force Review Boards Agency
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