RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-04101
		INDEX CODE:  110.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

It is unjust that he was accused of writing checks to local businesses with a closed bank account.  At the time of his discharge hearing, it was discovered his military pay was being sent to an open account.  The charges were changed, but the discharge process continued.

In support of his request, the applicant provided a personal statement, a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and documentation pertaining to his post-service activities.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 11 March 1957 in the grade of airman basic.  He was progressively promoted to the grade of airman third class having assumed that grade effective and with a date of rank of 7 June 1957.  On 11 June 1959, applicant was notified by his commander of his intent to recommend that his discharge from the Air Force under the provisions of AFR 39-17.  The specific reasons for this follow:

     a.  He failed to maintain the standard of appearance required of the United States Air Force in that his clothing was not maintained, was dirty and ragged, and he seldom shaved.  He exhibited an appearance that degraded himself and the Air Force.

     b.  He had established a pattern of showing dishonorable failure to pay just debts.

He was advised of his rights in this matter and acknowledged receipt of the notification.  After consulting with counsel applicant waived his right to a hearing before a board of officers and elected to submit statements on his own behalf.  In a legal review of the case file, the staff judge advocate recommended applicant’s case be heard by a board of officers.  The board recommended discharge because of unfitness with a general discharge.  On 16 October 1959, the discharge authority concurred with the recommendations and directed discharge with a general discharge.  Applicant was discharged on 23 October 1959.  He served 2 years, 7 months and 13 days on active duty.

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

On 31 January 2008, the Board staff requested the applicant provide documentation pertaining to his post-service activities, within 30 days (Exhibit D).  The applicant provided a response, with attachments, which is at Exhibit E.

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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.  The Board finds 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.  The applicant has not shown the characterization of the discharge was contrary to the provisions of the governing regulation, nor has it been shown the nature of the discharge was unduly harsh or disproportionate to the offenses committed.  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.  Taking into consideration the available post-service information, it appears likely that applicant has overcome the behavioral traits which led to the discharge action and has led a stable and productive life since the separation.  We recognize the adverse impact of the discharge the applicant received; and, while it may have been appropriate at the time, we believe it would be an injustice for the applicant to continue to suffer its effects.  Accordingly, we find that corrective action is appropriate on the basis of clemency and recommend the 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 23 October 1959, he was honorably discharged and furnished an Honorable Discharge certificate.

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The following members of the Board considered AFBCMR Docket Number BC-2007-04101 in Executive Session on 31 March 2008, under the provisions of AFI 36-2603:

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

   Exhibit A.  DD Form 149, dated 10 December 2007, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Negative Reply, dated 14 January 2008.
   Exhibit D.  Letter, SAF/MRBC, dated 31 January 2008.
   Exhibit E.  Letter, Applicant, undated, w/atchs.

			

AFBCMR BC-2007-04101

MEMORANDUM FOR THE CHIEF OF STAFF

	Under the authority of Section 1552, Title 10, United States Code and Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 23 October 1959, he was honorably discharged and furnished an Honorable Discharge certificate.