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 applicants 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 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.
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 Masters
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 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 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 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 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
4
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