RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03870 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged for falling asleep on duty. They called him into the lieutenant’s office and told him they were going to give him a general discharge. He was seventeen when he joined the Air Force and twenty when this happened. He just told his wife of 51-years about this for the first time. He is now 74 years old, and has lived with this for about 54 years. He thinks this should be long enough. He thinks of it every day and dreams of it every night. In support of his request, the applicant provides a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records were apparently located in the area most heavily damaged in the fire at the National Personnel Records Center (NPRC) in 1973. Documents provided by the applicant indicate he served on active duty from 12 Nov 54 through 11 Apr 57. According to available records, the applicant was furnished a General (Under Honorable Conditions) discharge, and was credited with two years and five months of active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report indicating they were unable to locate an arrest record on the basis of the information provided. A request for post-service information was forwarded to the applicant on 10 Feb 12. In response, the applicant provides an expanded statement, multiple character references, and copies of his Air Force and National Guard discharge certificates, a high school equivalency diploma, and several career related awards (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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. It appears the applicant’s records were destroyed by fire in 1973 at the NPRC. Therefore, the facts surrounding his separation and character of service could not be verified. However, based on the presumption of regularity in the conduct of governmental affairs, we must assume the applicant’s discharge and service characterization were proper and in compliance with the directive under which it was effected. Nonetheless, consideration of this Board is not limited to the events which precipitated the discharge. In this respect, it may base its decision on matters of equity and justice, rather than simply on whether rules and regulations which existed at the time were followed. Under this broader mandate, and after careful consideration of all the facts and circumstances of applicant's case, we are persuaded corrective action is warranted based on clemency. It appears the applicant has made a successful transition to civilian life and the continued stigma of his General (Under Honorable Conditions) discharge is unduly harsh and no longer serves any useful purpose. Accordingly, we recommend the applicant’s General (Under Honorable Conditions) discharge be upgraded to Honorable. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 11 Apr 57, he was honorably discharged and furnished an Honorable Discharge certificate. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03870 in Executive Session on 24 Apr 12, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 Oct 11, w/atchs. Exhibit B. Letter, AFBCMR, dated 10 Feb 12, w/atch. Exhibit C. Letter, Applicant, dated 19 Feb 12, w/atchs.