RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03789
COUNSEL:
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to honorable.
APPLICANT CONTENDS THAT:
He has carried the stigma of the UOTHC discharge for over 67 years. The circumstances of his discharge, making a naïve statement that he disliked showering with men, and it being taken out of context by his fellow airmen as a suggestion of his sexual persuasion, resulted in his less than honorable discharge. His appeal for clemency is based upon his conduct and contributions to society since his discharge.
In support of this request, the applicant provides a letter describing the events leading up to his discharge, a brief summation of his post-service personal life and community activities, and a letter of recommendation from the mayor of his hometown.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicants military personnel records were apparently destroyed in the fire at the National Personnel Records Center (NPRC) in 1973. As such, the circumstances surrounding his service could not be verified. According to available records, the applicant initially entered the Army Air Corps on 13 Sep 43 and was furnished a UOTHC discharge on 25 Apr 45.
On 24 Apr 14, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C). In response, he provides an expanded statement recapping the events leading up to his discharge, and a summation of his post-service life, both personal and professional. Also included is a supportive letter from an acquaintance of over 40 years, and a signed affidavit attesting to his crime-free life (Exhibit D).
On 28 May 14, AFBCMR administratively closed the applicants application per his attorneys request (Exhibit E).
On 8 Sep 14, the AFBCMR received Counsels request to reopen the applicants case and, pursuant to AFBCMRs request, provided the Federal Bureau of Investigation (FBI) report, indicating that on the basis of the information provided, they were unable to locate an arrest record pertaining to the applicant (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. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. Because no discharge package was available, the circumstances surrounding the applicants separation could not be verified; however, the presumption of regularity in the conduct of government affairs dictates that, absent evidence to the contrary, it should be presumed that the discharge was appropriate to the circumstances and was carried out in accordance with the governing regulations. Consideration of this Board, however, is not limited to the events which precipitated the discharge. In this respect, it may base its decision on matters of equity and clemency 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 in the interest of justice. After careful consideration of all the facts and circumstances of the applicant's case, the Board is persuaded that he developed into a productive member of society since leaving the service. It is apparent he has lived a life characterized by significant contributions to society and dedicated service to his community over a many year period. Based upon his lifetime of accomplishments, we believe the continued stigma of his UOTHC discharge is unduly harsh and no longer serves any useful purpose. Therefore, in the interest of justice, and in view of the passage of time and his post-service adjustment, we believe upgrading the characterization of his service to general (under honorable conditions) is warranted on the basis of clemency. While we note the applicant is requesting that his discharge be upgraded to honorable, we are not convinced the evidence presented is sufficient to do. Therefore, we recommend the applicants records be corrected to the extent indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 25 April 1945 he was discharged with service characterized as general (under honorable conditions), instead of under other than honorable conditions (UOTHC), and he be issued a general discharge certificate.
The following members of the Board considered AFBCMR Docket Number BC-2013-03789 in Executive Session on 23 Sep 14, under the provisions of AFI 36-2603:
All members voted to correct the records as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Jul 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 24 Apr 14, w/atch.
Exhibit D. Letter, Applicant, dated 20 May 14, w/atchs.
Exhibit E. Letter, AFBCMR, dated 28 May 14, w/atch.
Exhibit F. Letter, Counsel, dated 1 Jul 14, w/atch.
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