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AF | BCMR | CY2011 | BC-2011-02842
Original file (BC-2011-02842.txt) Auto-classification: Approved
 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 applicant’s 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 Sheriff’s 
Department and the District Attorney’s 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 applicant’s request and have included 
an Information Bulletin to assist him in submitting a future 
request. As to the applicant’s 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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