RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04393
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He received an undesirable discharge because he was drunk most
of the time. They would not give him a medical discharge
because they did not want to treat him for alcoholism. He went
on to become a truck driver. He has driven trucks for various
companies for over 54 years without any problems.
In support of his appeal, the applicant provides his DD form
214, Report of Separation from the Armed Forces of the United
States, Senate correspondence, work statement and a personal
note.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 8 March 1951.
On 21 September 1954, the applicant was notified of his
commanders intent to discharge him from the Air Force for
unfitness for further retention in the service. By application,
he acknowledged his commanders intent to discharge him, the
option to have his case heard before a board of officers, his
right to counsel and the right to submit statements and call
witness on his behalf. He waived his right to a hearing before
an administrative discharge board. The commander accepted his
application for discharge and directed he be furnished an
undesirable discharge certificate via DD Form 253AF. He was
discharged on 12 October 1954 and credited with 3 years,
7 months and 4 days of active duty service.
On 27 March 2013, a request for post-service information was
forwarded to the applicant for response within 30 days
(Exhibit C). As of this date, no response has been received by
this office.
Examiners Note: The applicant has not shown the
characterization of his discharge was contrary to the provisions
of AFR 39-17A (unfitness) (extract copy of applicable portion
attached as Exhibit D). Nor has he shown the nature of the
discharge was unduly harsh or disproportionate to the offenses
committed. At the time of the applicants discharge, AFR 39-
17A, paragraph 8, stated that when discharged because of
unfitness, an Undesirable Discharge (UD) will be furnished.
However, in 1959, AFR 39-17 was changed to state that when an
airman discharged under this regulation should be furnished an
undesirable discharge, unless the particular circumstances in a
given case warrants a general or honorable discharge. Criteria
for the issuance of an undesirable, general, or honorable
discharge is outlined in paragraph 9, AFR 39-10 (See Exhibit E).
Notwithstanding the absence of error or injustice, the Board has
the prerogative to grant relief on the basis of clemency if so
inclined.
Attached at Exhibit F is a memorandum prepared by the Air Force
Review Boards Agency Legal Advisor addressing the issue of
characterization of service and how standards have changed since
1959.
________________________________________________________________
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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice to upgrade his
discharge to honorable. We took notice of the applicant's
complete submission in judging the merits of the case; however,
we find no evidence of an error or injustice that occurred
during the discharge process. Based on the available evidence
of record, it appears the discharge was consistent with the
substantive requirements of the discharge regulation and within
the commander's discretionary authority.
4. Notwithstanding the above, we recognize the adverse impact
of the discharge the applicant received. While it may have been
appropriate at the time and in light of the legal opinion
rendered regarding undesirable discharge characterizations prior
to 1959, we believe it is in the interest of justice to upgrade
his discharge to general on the basis of clemency. Accordingly,
we recommend that his records be corrected to the extent
indicated below.
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 12 October
1954, he was discharged with service characterized as general
(under honorable conditions).
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-04393 in Executive Session on 16 May 2013, 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 13 Aug 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBC, dated 27 Mar 13, w/atch.
Exhibit D. AFR 39-17A, Enlisted Personnel.
Exhibit E. AFR 39-10 Excerpt.
Exhibit F. Letter, SAF/MRB Legal Advisor Opinion.
Panel Chair
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