RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-00889 INDEX CODE:	110.02
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:
His discharge was unjust.  He was not told his discharge would be a UOTHC if he accepted an early out.

He was told a UOTHC was a good discharge and that he could have it upgraded in six months.

He is 68 years old with declining health and would like to go to the Veteran’s Administration (VA) hospital for treatment and medication.

He served his country with honor and respect. Had he known he would not receive an honorable discharge, he would not have taken the early out.

In support of his request, the applicant provided a copy of his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge, and statements in his own behalf.

The applicant's complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 26 Sep 56. He served for a period of 2 years, 6 months, and 8 days.

Records indicate that at the time of discharge proceedings, the applicant had been in upgrade training since 1 Sep 57; he failed his proficiency test on two occasions; he received seven (7) Article 15s (Record  of  Nonjudicial Punishment) for various offenses including speeding and reckless driving, illegal parking, public drunkenness, guilty of causing an accident, drunk and disorderly conduct, and disorderly conduct in jail.   In

addition, he was found financially irresponsible in that he received six (6) letters of indebtedness from three firms.

Records also indicate the applicant’s supervisor, noncommissioned officer and officer in charge spent countless hours attempting to make him a creditable airman.

On 3 Mar 59, the applicant signed a statement waiving his rights to a board hearing. The statement also included an explanation of a UOTHC discharge and the ramifications of such.

The applicant was discharged on 3 Apr 59.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. On 8 Apr 08, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days (Exhibit D). In addition, a request for post-service information was forwarded to the applicant for response within 30 days (Exhibit D). In response to our request, the applicant provided three character statements (Exhibit E.)

THE BOARD CONCLUDES THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulation.

2.	The application is 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 the 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.
1.	
5.	Under our broader mandate and after careful consideration of all the facts and circumstances of applicant's case, the Board is persuaded that he has been a productive member of society since leaving the service. Consequently, we believe it would be an injustice for him to continue to suffer the adverse effects of the discharge he received almost 50 years ago. Therefore, we believe an upgrade of the characterization of his service to one under honorable conditions (general) is warranted on the basis of clemency. However, in view of his overall record of service, we are not persuaded that further upgrade of his discharge to fully honorable is warranted. Accordingly, we recommend that his records be corrected to the extent indicated below.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 3 April 1959, he was discharged with service characterized as general (under honorable conditions).

The following members of the Board considered Docket Number BC- 2008-00889 in Executive Session on 19 June 2008, under the provisions of AFI 36-2603:

Chair 
Member
Member
All members voted to correct the records, as recommended. The following documentary evidence was considered:

Exhibit A. DD Form 149, w/atchs, dated 4 Mar 08. Exhibit B. Applicant’s Master Personnel Records. Exhibit C.  FBI Report.
Exhibit D.  Letter, AFBCMR, dated 9 Apr 08.
Exhibit E.  Applicant’s Rebuttal, w/atch, dated 25 Apr 08.