RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03280 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was disciplined with an Article 15 for being absent without leave (AWOL) for 28 days. During a night of alcohol consumption with civilian acquaintances, he woke up abandoned in California. It was not until he ran out of money that he contacted someone. He then turned himself into a recruiting station and was returned to Denver. He finished his enlistment with no further disciplinary issues. In support of his appeal, the applicant submits a discharge certificate and other documentation from the National Archives and Records Administration. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant's military personnel records were destroyed by fire in 1973; therefore, the facts surrounding his separation cannot be verified. Data extracted from his reconstructed records reflects he enlisted in the Regular Force on 17 November 1949 and was discharged on 20 October 1953. He was issued a general (under honorable conditions) discharge. Pursuant to the Board's request for information, the FBI indicated that on the basis of the evidence provided, they were unable to locate an arrest record pertaining to the applicant. On 20 October 2011, a request for post-service information was forwarded to the applicant for response within 30 days. As of this date, no response has been received by this office (Exhibit B). ________________________________________________________________ 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. We have thoroughly reviewed the circumstances surrounding the applicant's discharge and find no impropriety in the characterization of service. Considered alone, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. Consideration of this Board, however, is not limited to the events which precipitated the discharge. Further, we may base our decision on matters of equity and justice, rather than simply on whether rules and regulations which existed at the time were followed. Under our broader mandate and after careful consideration of all the facts and circumstances of the applicant's case, we believe it would be an injustice for him to continue to suffer the adverse effects of the discharge. We therefore conclude the applicant's discharge should be upgraded to honorable on the basis of clemency. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 20 October 1953, he was honorably discharged and furnished an Honorable Discharge certificate. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03280 in Executive Session on 6 March 2012, under the provisions of AFI 36-2603: The following documentary evidence pertaining to Docket Number BC-2011-03280 was considered: Exhibit A. DD Form 149, dated 24 Jul 11 w/atchs. Exhibit B. Applicant's Reconstructed Master Personnel Records.