AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-02733
COUNSEL:
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable
_________________________________________________________________
APPLICANT CONTENDS THAT:
The circumstances surrounding his discharge were unjust. He
admittedly fell asleep on duty but strongly feels the punishment
does not fit the crime. He was too young to understand the
injustice perpetrated against him and regrets having this blemish
on his record.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s military personnel records were destroyed in the
fire at the National Personnel Records Center (NPRC) in 1973.
Therefore, the facts surrounding his separation cannot be
verified.
Data extracted from the applicant’s reconstructed record reflects
he enlisted in the Regular Air Force on 5 Jan 60, and was
discharged under the provisions of AFR-39-17 (Unfitness), with
service characterized as under other than honorable conditions
(UOTHC) in the grade of airman basic and issued a DD Form 258AF,
Undesirable Discharge Certificate. He served 2 years, 1 month
and 17 days of total active service.
Pursuant to the Board’s request, the Federal Bureau of
Investigations (FBI) Clarksburg, WV, states they were unable to
identify an arrest record on the basis of the information
furnished (Exhibit C).
On 23 Jan 13, the AFBCMR staff offered the applicant an
opportunity to provide information pertaining to his activities
since leaving the service. In response to the request the
applicant’s counsel provided a personal letter indicating the
applicant was a model “soldier,” notwithstanding, the mistake he
admittedly made falling asleep on duty. He has worked hard all
his life. He has been a successful member of every community he
lived in, giving back to the community his talent and time. All
of his hard work and accomplishments were made without his
knowledge of the less than honorable discharge he received as a
19 year old. He has proven himself to be a responsible and
productive member of society.
Counsel’s complete submission, with attachments, is at Exhibit
E.
_________________________________________________________________
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. We have thoroughly reviewed the circumstances surrounding
the applicant's discharge and find no impropriety in the
characterization of service. Considered alone, we conclude the
discharge proceedings were proper and the characterization of
the discharge was appropriate to the existing circumstances.
Consideration of this Board, however, is not limited to the
events which precipitated the discharge. Further, 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. After careful consideration of the
applicant’s request and the evidence of record, we find
sufficient relevant evidence has been presented to demonstrate
the existence of an injustice to warrant upgrading the
characterization of the applicant’s discharge to general (under
honorable conditions) on the basis of clemency. In this
respect, we note that in support of his request, the applicant
has provided a letter discussing his honorable character and
notable achievements in the over 50 years since his discharge,
to include gainful employment and opening his own businesses.
It appears the applicant has successfully transitioned to
civilian life and the characterization of his discharge as UOTHC
no longer serves a useful purpose. Moreover, we find absolutely
no evidence of any derogatory involvement with any civil
authorities in the over 50 years since his discharge. Based on
a totality of the evidence before us, we find it would be unjust
for him to continue to endure the effects of the stigma that is
attached to a UOTHC discharge. Therefore, in view of the above,
we deem the interest of justice can best be served by removing
this blemish from his life and upgrading his discharge to
general (under honorable conditions) on the basis of clemency.
We considered upgrading his discharge to honorable; however, we
do not believe that an upgrade to a fully honorable discharge is
2
warranted. Accordingly, we recommend that his 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 APPLICANT be corrected to show that on
16 March 1962, he was discharged with service characterized as
General (under honorable conditions).
_________________________________________________________________
The following members of the Board considered Docket Number
BC-2012-02733 in Executive Session on 7 Mar 13, 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 20 Jun 12, w/atchs.
Exhibit B. Applicant's Reconstructed Personnel Record.
Exhibit C. Negative FBI Response, dated 8 Aug 12.
Exhibit E. Letter, Applicant, dated 26 Feb 13, w/atchs.
Exhibit D. Letter, SAF/MRBC, dated 23 Jan 13.
Panel Chair
Member
Member
Panel Chair
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