RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02050
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His brother’s general, under honorable conditions, discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

His brother was medically discharged after having served for over two years.  He was told that his discharge would be honorable and believed it to be so.  However, after serving for more than two years with an unblemished record and listed as promotable on his DD Form 214, Certificate of Release or Discharge from Active Duty, he was issued a general, under honorable conditions, discharge.

In support of his appeal, the applicant has provided a personal statement and copies of his brother’s DD Form 214, a general discharge certificate, a Michigan state police criminal records check, and two letters of support. 

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

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STATEMENT OF FACTS:

The applicant's brother’s military personnel records were destroyed by fire in 1973.  Therefore, the facts surrounding his discharge cannot be verified.  Data extracted from available records reflects that he enlisted in the Regular Force on 2 March 1955, was discharged on 8 April 1957, and issued a general, under honorable conditions discharge.  

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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.  Based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that the applicant's discharge was proper and in compliance with appropriate directives. Consideration of this Board, however, is not limited to the events that precipitated the discharge.  Further, we may base our decision on matters of equity and clemency rather than simply on whether rules and regulations that existed at the time were followed.  Under our broader mandate and after careful consideration of all the facts and circumstances of applicant's case, we are persuaded that corrective action is appropriate as a matter of equity and on the basis of clemency.  We therefore conclude that applicant's discharge should 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 8 April 1957, he was honorably discharged and furnished an Honorable Discharge certificate.

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The following members of the Board considered this application in Executive Session on 13 October 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 8 Jul 04, w/atchs. 
    Exhibit B.  Available Records.
    Exhibit C.  Letter, SAF/MRBR, dated 30 Jun 04.

 DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2004-02050

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 8 April 1957, he was honorably discharged and furnished an Honorable Discharge certificate.