RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04347
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was unjustly discharged without being given any explanation.
He was just told to gather his clothes and go home. Years
later, his wife found out he was discharged because of a medical
condition called Cyclothymic Disorder (a mild form of bipolar
disorder). He is 84 and would like an Honorable Discharge
before he leaves this world because he served his country well
when called to active duty.
In support of his request, the applicant provides an expanded
statement.
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 in 1973. According to
available records, the applicant entered active duty on 26 Jan
46. On 30 Sep 47, he was furnished a General (Under Honorable
Conditions) discharge and was credited with 1 year, 6 months,
and 26 days 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 5 Mar 12 for review and comment within 30 days. In
response, the applicant provides an expanded statement and
copies of two letters of support (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, 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 this broader mandate, and in view of the
passage of time since his discharge and his post-service
adjustment, we believe it would be an injustice for the
applicant to continue to suffer the effects of his General
(Under Honorable Conditions) discharge. Accordingly, we
recommend the applicants General Discharge (Under Honorable
Conditions) 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 the APPLICANT be corrected to show that on
30 September 1947, he was honorably discharged and furnished an
Honorable Discharge certificate.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-04347 in Executive Session 15 May 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 pertaining to AFBCMR Docket
Number BC-2011-04347 was considered:
Exhibit A. DD Forms 149, dated 29 Oct 11, w/atch.
Exhibit B. Applicant's Available Personnel Records.
Exhibit C. Letter, AFBCMR, dated 5 Mar 12, w/atch.
Exhibit D. Letter, Applicant, dated 18 Mar 12, w/atchs.
Panel Chair
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