RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00446 INDEX CODE: 110.02 XXXXXXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: He just wanted to help during wartime. His service work was uniformly excellent and he has lived with this stigma long enough. The applicant does not provide any evidence in support of his appeal. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served on active duty from 1 February 1951 thorough 31 January 1952. On 23 January 1952, the applicant was evaluated by Neurology for having convulsive episodes. The evaluation revealed the applicant had a history of seizures since age 12; and, that he concealed it on the medical history form of his enlistment record. On 25 January 1952, his commander recommended the applicant be administratively separated from the service under the provisions of Air Force Regulation 39-21, paragraph 7. The discharge authority approved the recommendation and directed the applicant be separated with a general discharge, in accordance with Air Force Regulation 39-21B, paragraph 10b. On 31 January 1952, the applicant was released from active duty with a general (under honorable conditions) discharge. According to his DD Form 214, Report of Separation from the Armed Forces of the United States, the reason for his separation was indicated as “Fraudulent entry into service, concealment of physical defect.” He served one year on active duty. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated that on the basis of the data furnished, they were unable to locate an arrest record pertaining to the applicant. On 29 April 2010, the applicant was given the opportunity to submit comments about his post service activities (Exhibit C). In response the applicant provided a personal statement, a copy of his resume, and two character references. The applicant’s response, with attachments, is at Exhibit D. _________________________________________________________________ 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 the 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 the applicant 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. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 31 January 1952, he was honorably discharged and furnished an Honorable Discharge certificate. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 13 October 2010, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2010- 00446 was considered: Exhibit A. DD Form 149, dated 29 Jan 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 29 Apr 10, w/atch. Exhibit D. Letter, Applicant, dated 13 May 10, w/atchs.