RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00909
		
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to allow him to receive VA benefits.

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APPLICANT CONTENDS THAT:

He was 20 years old then. In his thirties, he served in the Vietnam War. He has led a productive life for five decades in society.

In support of his request, applicant provided a letter from his Disability, Aging and Veterans Service Representative, a copy of his court-martial records, and a job resume.

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.  Therefore, the facts surrounding his service and separation from the Air Force cannot be verified.  

On 24 June 1952, the applicant was tried by Summary Court-Martial for failure to go to his place of duty, for which he was sentenced to be reduced to the grade of airman basic and a forfeiture of fifty dollars.  

On 13 September 1952, the applicant was tried by Summary Court-Martial for absence without leave from 3 to 12 October 1952, for which he was sentenced to be restricted to the base for 30 days and a forfeiture of fifty dollars.

On 7 October 1952, the applicant was tried by Summary Court-Martial for breaking restriction, for which he was sentenced to be confined at hard labor for 30 days and a forfeiture of fifty dollars.

Based on documentation provided by the applicant, he was discharged on 14 January 1953 by a Special Court-Martial and received a bad conduct discharge (BCD).  

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit B.

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AIR FORCE EVALUATION:

AFPC/DPPRS stated that due to the lack of documentation in the master personnel records, they defer to the Board to determine if the applicant should be granted relief. 

AFPC/DPPRS complete evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 9 April 2004, for review and comment within 30 days.  As of this date, no response has been received by this office. An FBI Report was forwarded to the applicant for review and response within 15 days.

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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.	We find no impropriety in the characterization of applicant's discharge.  It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that applicant was not afforded all the rights to which entitled at the time of discharge.  Considered alone, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.

4.	Consideration of this Board, however, is not limited to the events which precipitated the discharge.  We have a Congressional mandate which permits consideration of other factors; e.g., applicant's background, the overall quality of service, and post-service activities and accomplishments.  Further, we may base our decision on matters of equity and clemency rather than simply on whether rules and regulations which existed at the time were followed.  This is a much broader consideration than officials involved in the discharge were permitted, and our decision in no way discredits the validity of theirs.

5.	Under our broader mandate and after careful consideration of all the facts and circumstances of applicant's case, we are persuaded that applicant has been a productive member of society.  We recognize the adverse impact of the discharge applicant received; and, while it may have been appropriate at the time, we believe it would be an injustice for applicant to continue to suffer its effects.  Accordingly, we find that corrective action 
is appropriate as a matter of equity and on the basis of clemency.  Therefore, we recommend his discharge be upgraded to one under honorable conditions (General).

6.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 at the time of his discharge on 14 January 1953, 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-2004-00909 in Executive Session on 3 June 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 17 Feb 04, w/atchs.
	Exhibit B.	FBI Report, dated 28 Apr 04.
	Exhibit C.	Letter, AFPC/DPPRS, dated 2 Apr 04.
	Exhibit D.	Letter, SAF/MRBR, dated 9 Apr 04.

                                   

AFBCMR BC-2004-00909

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 at the time of his discharge on 14 January 1953, he was discharged with service characterized as general (under honorable conditions).