RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03870
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be
upgraded to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for falling asleep on duty. They called him
into the lieutenants office and told him they were going to
give him a general discharge. He was seventeen when he joined
the Air Force and twenty when this happened. He just told his
wife of 51-years about this for the first time. He is now
74 years old, and has lived with this for about 54 years. He
thinks this should be long enough. He thinks of it every day
and dreams of it every night.
In support of his request, the applicant provides a copy of his
DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records were apparently
located in the area most heavily damaged in the fire at the
National Personnel Records Center (NPRC) in 1973. Documents
provided by the applicant indicate he served on active duty from
12 Nov 54 through 11 Apr 57. According to available records,
the applicant was furnished a General (Under Honorable
Conditions) discharge, and was credited with two years and five
months of active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report
indicating they were unable to locate an arrest record on the
basis of the information provided.
A request for post-service information was forwarded to the
applicant on 10 Feb 12. In response, the applicant provides an
expanded statement, multiple character references, and copies of
his Air Force and National Guard discharge certificates, a high
school equivalency diploma, and several career related awards
(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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. It appears
the applicants records were destroyed by fire in 1973 at the
NPRC. Therefore, the facts surrounding his separation and
character of service could not be verified. However, based on
the presumption of regularity in the conduct of governmental
affairs, we must assume the applicants discharge and service
characterization were proper and in compliance with the
directive under which it was effected. Nonetheless,
consideration of this Board is not limited to the events which
precipitated the discharge. In this respect, it may base its
decision on matters of equity and justice, rather than simply on
whether rules and regulations which existed at the time were
followed. Under this broader mandate, and after careful
consideration of all the facts and circumstances of applicant's
case, we are persuaded corrective action is warranted based on
clemency. It appears the applicant has made a successful
transition to civilian life and the continued stigma of his
General (Under Honorable Conditions) discharge is unduly harsh
and no longer serves any useful purpose. Accordingly, we
recommend the applicants General (Under Honorable Conditions)
discharge be upgraded to Honorable.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that on
11 Apr 57, he was honorably discharged and furnished an
Honorable Discharge certificate.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-03870 in Executive Session on 24 Apr 12, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Oct 11, w/atchs.
Exhibit B. Letter, AFBCMR, dated 10 Feb 12, w/atch.
Exhibit C. Letter, Applicant, dated 19 Feb 12, w/atchs.
Panel Chair
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