RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00794
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His records should be upgraded for the period of service which
he served. He served three different enlistments covering more
than 12 years of active service. He experienced racial
discrimination during that time which affected his service.
In support of his appeal, the applicant provides his Certificate
of Military Service, DD form 214, Enlistment Record and Report
of Separation Honorable Discharge.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 8 November
1943. On 29 January 1958, the applicant was notified of his
commanders intent to discharge him from the Air Force for
repeated failure to meet financial obligations.
On 27 February 1958, a Board of Inquiry recommended the
applicant be discharged for unfitness. He was discharged on
11 April 1958.
On 7 August 1961, the Air Force Board for Correction of Military
Records denied the applicants request to upgrade his discharge.
On 17 October 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, 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 RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 11 April 1958,
he was discharged with service characterized as general (under
honorable conditions).
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-00794 in Executive Session on 3 December 2013,
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 21 Jun 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBC, dated 17 Oct 13, w/atch.
Exhibit D. AFR 39-17A, Enlisted Personnel.
Exhibit E. AFR 39-10 Excerpt.
Exhibit F. Letter, SAF/MRB Legal Advisor Opinion.
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