RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03854
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was given a discharge for sleep walking, which is a medical
condition he could not control.
He let it be for decades. He is now 81 years old and wants to
be proud of his discharge.
In support of his request, the applicant provides a copy of his
DD Form 257AF, General Discharge Certificate.
His complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 1 Jul 49, the applicant enlisted in the Regular Air Force as
a private for a period of four years.
On 17 Jan 52, his commander notified him he was recommending he
appear before a Board of Officers convened under the authority
of AFR 39-16, Enlisted Personnel (Discharge for Inaptitude or
Unsuitability), to determine his suitability for retention in
the military service. The specific reason for this action was
sleep walking. His character and efficiency were considered
Excellent and there was no record of disciplinary action.
On 7 Feb 52, the applicant appeared before a Board of Officers
to determine if he should be discharged from military service
prior to the expiration of his present term of service because
of unsuitability. After due consideration of all evidence
submitted, orally and documentary, the board found the applicant
was unsuitable for further military service because of his
repeated episodes of somnambulism and emotional instability.
The Board of Officers recommended the applicant be discharged
for unsuitability with a general (under honorable conditions)
discharge.
On 27 Mar 52, the applicant was discharged, as a corporal, from
the Air Force. He served 2 years, 8 months, and 27 days of
total active service.
Pursuant to the Boards request, the Federal Bureau of
investigation, Washington, D.C., indicated on the basis of the
data furnished they were unable to locate an arrest record.
Exhibit C.
On 2 Feb 12, 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
D.
________________________________________________________________
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. After a thorough review of the evidence of record, we see no
evidence to show that the applicants discharge was erroneous or
unjust. We have thoroughly reviewed the circumstances
surrounding the applicant's discharge and we find no impropriety
in the characterization of his service. Notwithstanding the
above, consideration by this Board, is not limited to the events
which precipitated the discharge. We may base our decision on
matters of equity and clemency 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 applicant's case, we are persuaded
that corrective action is appropriate on the basis of clemency.
Since it has been over 57 years since his discharge and it
appears likely he has led a productive and stable life, we
believe it would be an injustice for him to continue to suffer
from the adverse effects of the general discharge. Therefore, we
believe that on the basis of clemency applicants discharge
should be upgraded to honorable.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on 27 Mar
52, he was discharged and furnished an Honorable Discharge
certificate.
______________________________________________________________
The following members of the Board considered Docket Number BC-
2011-03854 in Executive Session on 29 Mar 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The Board voted to correct the record as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Sep 11.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, 31 Oct 11.
Exhibit D. Letter, AFBCMR, dated 2 Feb 12, w/atch.
Panel Chair
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