RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01032
		INDEX CODE:  110.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He had a lot of fights in the Air Force, which resulted in a few court-martials.  If a person used a racial slur towards him or called him outside his name, he would fight in a minute.  That type of attitude led to his UOTHC discharge.  That's just the way things were at the time.  He would have finished his tour with a good discharge but it was not up to him.  

In support of his request, applicant provided a personal statement, a statement of service, and a character reference.  His complete submission, with attachments is at Exhibit A.

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STATEMENT OF FACTS:

The applicant's military personnel records cannot be located at the National Personnel Records Center, St. Louis, MO, and are assumed to have been destroyed by fire in 1973.  Data extracted from the reconstructed record reflects that he enlisted in the Regular Air Force on 2 Sep 55 and was discharged on 30 Dec 57 with an under other than honorable conditions discharge in the grade of airman basic.  

A clemency information bulletin was provided to the applicant on 19 Apr 04, for comment within 30 days.  He provided several character references which are appended at Exhibit A.  The Federal Bureau of Investigation was unable to conduct a search of the criminal database for information pertaining to the applicant because of the limited personal information that is available.  

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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 injustice.  Inasmuch 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 under other than honorable conditions discharge.  Therefore, on the basis of clemency, we believe an upgrade of discharge to general (under honorable conditions) 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 30 December 1957, 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-2004-01032 in Executive Session on 16 Jun 04, 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 24 Mar 04, w/atchs.
    Exhibit B.  Applicant's Reconstructed Personnel Records.
    Exhibit C.  Letter, SAF/MRBC, dated 19 Apr 04.

					

AFBCMR BC-2004-01032

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 30 December 1957, he was discharged with service characterized as general (under honorable conditions).