RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01873
		INDEX CODE:  110.00

	 (DECEASED)	COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her late husband’s undesirable discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

Since her late husband’s discharge and until his death, he was an honorable gentleman who worked hard as a father and fireman, helped neighbors, and was also an active church member.  Prior to their son’s birth, he came home without permission which resulted in him being absent without leave (AWOL) and was consequently given an undesirable discharge.  He received no rehabilitation.  He was very young at the time.  She does not want to leave a legacy to her six children of their father’s discharge.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The deceased member’s military records appear to have been destroyed in the 1973 fire at the National Personnel Records Center.

Based on the available records, it appears that he enlisted in the Army Air Corps on 20 Feb 46 and was discharged on 18 Aug 47 with an undesirable discharge.  He served 1 year, 5 months, and 21 days on active duty with 7 days of lost time.  His grade at the time of his separation was private.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an investigative report indicating that, on the basis of information furnished, they were unable to locate an arrest record (see Exhibit B).

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AIR FORCE EVALUATION:

The Assistant Noncommissioned Officer-in-Charge (NCOIC), Separation Procedures Section, AFPC/DPPRS, indicated that, based upon the lack of documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority.  The applicant did not identify any specific errors in the discharge processing.  However, considering the discharge occurred 54 years ago, the deceased member’s young age, his actions since his discharge and lack of documents, DPPRS recommends clemency.  If a check of the FBI files proves negative, they recommend the discharge be upgraded to under honorable conditions (general).

A complete copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 7 Sep 01 for review and response.  As of this date, no response has been received by this office.

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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.  Inasmuch as the facts surrounding the former servicemember’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 in effect at the time.  Nevertheless, noting that the former servicemember suffered the adverse effects of his undesirable discharge for almost 37 years before his death in 1984 and in the absence of any other derogatory information concerning his activities after he was separated from the service, the majority of the Board believes that an upgrade of the characterization of the member’s discharge to general, under honorable conditions, is warranted on the basis of clemency.  Based on the limited evidence available for the Board’s review, the majority of the Board was not persuaded that further relief in the form of an upgrade of the discharge to fully honorable was warranted.
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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 18 August 1947, 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 13 November 2001, under the provisions of AFI 36‑2603:

	            Vice Chair
	            Member
	            Member

By a majority vote, the Board voted to correct the records as recommended.  Mr. voted to deny applicant’s request and did not desire to submit a minority report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 24 Jun 01, w/atchs.
     Exhibit B.  Letter to FBI, dated 5 Sep 01.
     Exhibit C.  Letter, AFPC/DPPRS, dated 8 Aug 01.
     Exhibit D.  Letter, AFBCMR, dated 7 Sep 01.