RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03553
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He received an honorable discharge with his first enlistment in the service.  During his second enlistment he received a driving under the influence (DUI) on base and was given an undesirable discharge.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC).  Therefore, the facts surrounding his separation from the Air Force cannot be verified.

The available records reflect that the applicant enlisted in the Regular Air Force on 10 March 1954.

Applicant was discharged on 15 September 1958, in the grade of airman basic, with an undesirable discharge, under the provisions of AFR 39-17 (Unfitness).  He served 4 years, 6 months, and 5 days of total active military service.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated that they were unable to identify with an arrest record on the basis of information furnished - Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS indicates there is no documentation on file in the applicant’s master personnel records relating to the reason for the discharge or the discharge process.  The only documentation on file in his record is Special Order A-634 indicating applicant was discharged under other than honorable conditions.  They are unable to determine the propriety of the discharge based on the lack of documentation in his records.  They defer to the Board to determine if the applicant should be granted relief based on limited supporting documentation in the applicant’s master personnel records.  He has not filed a timely request.

The evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated he was in the Air Force for 3 years and 10 months.  If he were so unfit, he would not have made it past 36 months of service.  At two and a half years he took an early out and reenlisted.  He had all intentions on staying in the service for 20 years.

Applicant’s complete response is at Exhibit F.

On 4 February 2004, the Board staff requested the applicant provide post-service documentation within 14 days (Exhibit G).  The applicant provided a response, with attachments, which is at Exhibit H.

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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 an error or injustice warranting the applicant’s discharge be upgraded.  Given the limited documentation, and based upon the presumption of regularity in the conduct of government affairs and without evidence to the contrary, we must assume the applicant’s discharge was proper and in compliance with appropriate directives.  While the exact reason for the applicant’s under other than honorable conditions discharge cannot be determined from the available documentation, it is reasonable to conclude his misconduct was minor in nature.  At the time of the applicant’s discharge, apparently under the provisions of AFR 39-17, an undesirable discharge was mandated for airmen discharged for unfitness.  However, after reviewing the available documentation, we believe the applicant’s discharge should be upgraded on the basis of changes made to AFR 39-17 on March 18, 1959, giving a commander more discretion when recommending a discharge for unfitness, as was apparently the situation in the applicant’s case.  In accordance with the 1959 change in Air Force policy regarding discharge of airmen under AFR 39-17, it is noted that personnel discharged under this authority could conceivably have their service characterized with a general or an honorable discharge.  While there is no indication in the applicant’s available records regarding the quality of his service, during the time period in question, the commander would have been precluded from giving him either a general or an honorable discharge.  However, as a result of the change in policy, either a general or an honorable discharge could have been recommended.  We note the FBI Report is negative.  Actually, it appears the applicant has been a law-abiding citizen who is highly thought of by members of the community and who has had to live with the effects of his discharge for nearly 45 years.  We believe there is some doubt he would have received the same characterization of service if the current policies had been available at the time of his separation.  Therefore, we believe to preclude any possibility of an injustice to the applicant, any doubt should be resolved in favor of the applicant.  Therefore, we recommend his discharge be upgraded to honorable.

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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 15 September 1958, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered AFBCMR Docket Number BC-2003-03553 in Executive Session on 7 April 2004, 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 2 December 2003, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  Negative FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 18 December 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 24 December 2003.
   Exhibit F.  Letter, Applicant, undated.
   Exhibit G.  Letter, AFBCMR, dated 4 February 2004, w/atch.
   Exhibit H.  Letter, Applicant, 17 February 2004, w/atchs.

					   

AFBCMR BC-2003-03553

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 XXXXXXXX, XXX-XX-XXXX, be corrected to show that on 15 September 1958, he was discharged with service characterized as general (under honorable conditions).