RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00359
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

The applicant proffers no contentions.

In support of his application, the applicant provided copies of an application to the Air Force Discharge Review Board and his separation documents (Exhibit A).

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STATEMENT OF FACTS:

During the applicant’s first enlistment, he served from 11 March 1948 to 12 December 1950 and received an honorable discharge, after being progressively promoted to the rank of sergeant.  He reenlisted on 13 December 1950 for six years and served until 7 September 1955, when he was discharged in the grade of airman basic with an undesirable discharge.  His separation document reveals that he was discharged under the provisions of AFR 39-17 (Unfitness).  He was credited with 7 years, 2 months and 11 days of total active service.  He had served 4 years, 5 months and 9 days of his last enlistment.  Time lost was 186 days.  

On 17 April 2001, the Federal Bureau of Investigation (FBI) advised they were unable to locate any arrest records on the applicant.

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AIR FORCE EVALUATION:

The Separation and Procedures Branch, AFPC/DPPRS, reviewed the applicant’s request and recommends that the applicant be granted clemency and issued a General (Under Honorable Conditions) Discharge, contingent upon a negative check of the FBI files pertaining to the applicant (See Exhibit C)
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 April 2001 for review and response.  As of this date, this office has received no response.

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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 probable injustice.  In as much as the facts surrounding the applicant’s discharge are unknown, based on the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that his discharge was proper and in compliance with the applicable directives.  Nevertheless, in view of the evidence provided, we believe that the applicant has been a productive member of society since his discharge and that it would be an injustice for him to continue to suffer the adverse effects of his undesirable discharge.  Therefore, on the basis of clemency, we believe an upgrade of discharge to general (under honorable conditions) is warranted.  Based on the limited evidence available for the Board’s review, we are not persuaded that further relief in the form of an upgrade of his discharge to honorable is warranted.  Accordingly, we recommend his records be corrected as indicated below. 
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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 7 September 1955 he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered this application in Executive Session on 7 June 2001, under the provisions of AFI 36‑2603:

Vice Chair
Member
Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 1 March 2001, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 22 March 2001.
     Exhibit D.  Letter, SAF/MIBR, dated 13 April 2001.

                                  
                                  Vice Chair

AFBCMR 01-00359

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to, be corrected to show that on 7 September 1955, he was discharged with service characterized as general (under honorable conditions).

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency