RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01497 

 INDEX CODE: 110.00 

 COUNSEL: 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His under honorable conditions (general) discharge be upgraded to 
honorable based on clemency. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was young and married. There were a lot of things going on in 
his life at that time and he made mistakes. He regrets his 
mistakes. His life has changed from those early years. He has 
remarried and been active in his church for 26 years. 

 

In support of his request, the applicant provides a statement, a 
copy of his DD Form 214, Certificate of Release or Discharge from 
Active Duty and two character letters. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 16 Aug 57, the applicant contracted his enlistment in the 
Regular Air Force. He was promoted to the grade of airman third 
class staff with date of rank of 9 Nov 57. 

 

The applicant’s commander notified him that he was recommending 
his discharge from the Air Force for unsuitability. The specific 
reasons for the discharge action were his duty performance, his 
punctuality, his appearance were below acceptable standards and 
unacceptable, and he was disrespectful and insubordinate to 
airmen one grade above him. 

 

His commander advised him of his rights in this matter. 

 

On 5 Sep 58, he acknowledged receipt of the notification of 
discharge and after consulting with legal counsel waived his 
rights associated with a discharge board. 

 

On 30 Sep 58, the discharge authority approved the separation and 
directed discharge with general discharge. 

 


He was discharged on 9 Oct 58. He served 1 year, 1 month and 24 
days of active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation indicated that on the basis of the data furnished, 
they were unable to locate an arrest record. 

 

_________________________________________________________________ 

 

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. 

 

_________________________________________________________________ 

 


THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that on 9 October 1958, 
he was honorably discharged and furnished an Honorable Discharge 
certificate. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket Number 
BC-2010-01497 in Executive Session on 14 Sep 10, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence pertaining to AFBCMR Docket Number 
BC-2010-01497 was considered: 

 

 Exhibit A. DD Form 149, dated 22 Mar 10, w/atchs. 

 Exhibit B. Applicant’s Master Military Personnel Records. 

 

 

 

 

 

 Panel Chair