RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00583
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

At the time of his enlistment he was married with two children. He was informed by his recruiter that he could not enlist if he had more than one child, so because of his desire to serve in the military, he falsified his enlistment contract.  After it was discovered that he fraudulently enlisted, he was discharged with a general discharge.  During his period of service as a clerk/typist he received outstanding proficiency/conduct marks and was always lauded during counseling sessions.  He began testing for Officer Candidacy School but withdrew due to his deficiency in mathematics.  

In support of his request, applicant provided a personal statement, character references, and copies documents from his military personnel records.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant's military personnel records were destroyed by fire at the National Personnel Records Center, St. Louis, MO, in 1973.  Data extracted from documents provided by the applicant indicates that he enlisted in the Regular Air Force on 6 Jan 51 and was discharged on 3 Mar 53 with a general discharge.  He served 2 years, 1 month, and 28 days on active duty.

Pursuant to the Board's request, the Federal Bureau of Investigations (FBI) indicated that they were unable to locate an arrest record pertaining to the applicant (see Exhibit E).

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AIR FORCE EVALUATION:

AFPC/DPPRS would not object to upgrading his discharge if a search of his FBI records does not reveal any convictions.  DPPRS states that other than his DD Form 214, statement of service, and the applicant's statement, there is no documentation to support the discharge action.  Based on the directives in effect at the time of his discharge, DPPRS believes the discharge was within the discretion of the discharge authority.  He did not identify any errors in the discharge processing nor did he provide any facts warranting an upgrade to his discharge.  Because the incident occurred over 50 years ago and the reason for fraudulent enlistment no longer exists today, DPPRS would not object to upgrading his discharge based on the results of a search of his FBI records.  The DPPRS evaluation is at 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 21 Mar 03 for review and comment within 30 days.  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 error or injustice warranting an upgrade to the characterization of the applicant's discharge.  Since it has been over 50 years since his discharge and it appears that he has been a productive member of society, we believe it would be an injustice for him to continue to suffer the adverse effects of a general discharge.  Therefore, we agree with the opinion and recommendation of the office of primary responsibility and recommend that his discharge be upgraded to honorable.  Accordingly, we recommend that his records be corrected to the extent 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 3 March 1953 he was honorably discharged and furnished an Honorable Discharge certificate.

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The following members of the Board considered Docket Number BC-2003-00583 in Executive Session on 6 May 03, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

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

    Exhibit A.  DD Form 149, dated 28 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 11 Mar 03.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Mar 03.
    Exhibit E.  FBI Investigative Report, dated 28 Mar 03.

					
								Panel Chair

AFBCMR BC-2003-00583

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 APPLICANT, be corrected to show that on 3 March 1953, he was honorably discharged and furnished an Honorable Discharge certificate.

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency