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AF | BCMR | CY2012 | BC 2012 05533
Original file (BC 2012 05533.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05533
		COUNSEL:  NONE
	XXXXXXX	HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to “Honorable.”

________________________________________________________________

APPLICANT CONTENDS THAT:

He served 3 years and 10 months of honorable service and made 
one mistake.  He was told to report to the legal office and 
after meeting with an officer; he was informed that he had been 
court-martialed, reduced in rank and locked up for 8 days.  The 
aforementioned actions were enough punishment and the type of 
discharge he received completely disregarded his previous 
honorable service.  He cannot provide any further military 
documentation as his records were destroyed in a fire in St. 
Louis.

In support of his request the applicant provides a copy of DD 
Form 214, Report of Separation from the Armed Forces of the 
United States.

His complete submission, with attachment, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The available records indicate the applicant entered the Regular 
Air Force on 15 Feb 1952 and was discharged on 27 Jan 1956 with 
service characterized as general (under honorable conditions). 
He served 3 years, 11 months and 5 days of total active duty.

The applicant’s remaining military personnel records are 
unavailable.  Therefore, the facts surrounding his service in 
the Air Force and his discharge cannot be verified.

On 5 Aug 2013, the applicant was offered an opportunity to 
provide information pertaining to his activities since leaving 
the service. (Exhibit C)

Pursuant to the Board’s 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.

On 15 Aug 2013, the applicant requested his case be 
administratively closed. (Exhibit D)

On 12 Nov 2013, the applicant requested his case be reopened.  
He states that he twice attempted to have his finger prints sent 
to the Federal Bureau of Investigation (FBI).  However, the 
“quality characteristics” of his fingerprints were insufficient 
and could not be used.  He has no criminal record and would like 
to re-open his case without the FBI report.

He was 18 years old when he joined the Air Force as an Airborne 
Radio Operator.  He had almost four years of honorable service 
until his last night in Japan.  He was due to fly his last 
mission before returning to the United States and made the 
mistake of celebrating too much the night before his departure.  
He overslept and missed the flight, which led to his court 
martial.  He was irresponsible and his mistake ruined almost 
four years of honorable service.

After his discharge from the Air Force he enrolled at the 
University of Wisconsin on what was left of his GI Bill.  He 
graduated in 1962 with a major in Mathematics and a minor in 
Chemistry and Geography.  In 1972 he completed his Master’s 
Degree in Audio-Visual Administration and managed the Audio 
Visual Department at the junior high.  He taught mathematics for 
over 28 years.  In addition he was a member of the Volunteer 
Fire Department and coached boys and girls basketball.  His 
teams won two conference championships, and won 3rd place at the 
State Championship in 1977.  In 1984 he received an award from 
the State Coaches Association and was also named District Coach 
of the Year.  He has been an active member of numerous 
organizations and served as the President of the Teachers’ 
Association.  His wife is also a teacher and they have been 
married for 54 years.  They have two children, four 
grandchildren, and two great-grandchildren.

In further support of his request the applicant provides copies 
of a résumé of his life, character statements, DD Form 214 and 
FBI documents.

His complete submission is at Exhibit F.

________________________________________________________________

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 applicant’s 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 58 years since his discharge and he does 
not have a criminal history, it appears likely he has led a 
productive and stable life and 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 applicant’s 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 Jan 
1956, he was honorably discharged and furnished an Honorable 
Discharge certificate.

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 13 Mar 2014 and 26 Mar 2014, under the 
provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

All members voted to correct the record as recommended.  The 
following documentary evidence was considered in AFBCMR BC-2012-
05533:

    Exhibit A.  DD Form 149, dated 27 Nov 2013, w/atch.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFBCMR, dated 30 Jul 2013.
    Exhibit D.  Letter, Applicant, dated 15 Aug 2013.
    Exhibit E.  Letter, AFBCMR, dated 18 Sep 2013.
    Exhibit F.  Letter, Applicant, dated 12 Nov 2013.




                                   
                                   Panel Chair

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