RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03280
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was disciplined with an Article 15 for being absent without
leave (AWOL) for 28 days. During a night of alcohol consumption
with civilian acquaintances, he woke up abandoned in California.
It was not until he ran out of money that he contacted someone.
He then turned himself into a recruiting station and was
returned to Denver. He finished his enlistment with no further
disciplinary issues.
In support of his appeal, the applicant submits a discharge
certificate and other documentation from the National Archives
and Records Administration.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant's military personnel records were destroyed by
fire in 1973; therefore, the facts surrounding his separation
cannot be verified. Data extracted from his reconstructed
records reflects he enlisted in the Regular Force on 17 November
1949 and was discharged on 20 October 1953. He was issued a
general (under honorable conditions) discharge.
Pursuant to the Board's request for information, the FBI indicated
that on the basis of the evidence provided, they were unable to
locate an arrest record pertaining to the applicant.
On 20 October 2011, a request for post-service information was
forwarded to the applicant for response within 30 days. As of
this date, no response has been received by this office
(Exhibit B).
________________________________________________________________
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. We have thoroughly reviewed the circumstances surrounding
the applicant's discharge and find no impropriety in the
characterization of service. Considered alone, we conclude the
discharge proceedings were proper and characterization of the
discharge was appropriate to the existing circumstances.
Consideration of this Board, however, is not limited to the
events which precipitated the discharge. Further, we may base
our decision on matters of equity and justice, rather than
simply on whether rules and regulations which existed at the
time were followed. Under our broader mandate and after careful
consideration of all the facts and circumstances of the
applicant's case, we believe it would be an injustice for him to
continue to suffer the adverse effects of the discharge. We
therefore conclude the applicant's discharge should be upgraded
to honorable on the basis of clemency.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 20 October
1953, he was honorably discharged and furnished an Honorable
Discharge certificate.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-03280 in Executive Session on 6 March 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2011-03280 was considered:
Exhibit A. DD Form 149, dated 24 Jul 11 w/atchs.
Exhibit B. Applicant's Reconstructed Master Personnel
Records.
Panel Chair
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