RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04393 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He received an undesirable discharge because he was drunk most of the time. They would not give him a medical discharge because they did not want to treat him for alcoholism. He went on to become a truck driver. He has driven trucks for various companies for over 54 years without any problems. In support of his appeal, the applicant provides his DD form 214, Report of Separation from the Armed Forces of the United States, Senate correspondence, work statement and a personal note. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 8 March 1951. On 21 September 1954, the applicant was notified of his commander’s intent to discharge him from the Air Force for unfitness for further retention in the service. By application, he acknowledged his commander’s intent to discharge him, the option to have his case heard before a board of officers, his right to counsel and the right to submit statements and call witness on his behalf. He waived his right to a hearing before an administrative discharge board. The commander accepted his application for discharge and directed he be furnished an undesirable discharge certificate via DD Form 253AF. He was discharged on 12 October 1954 and credited with 3 years, 7 months and 4 days of active duty service. On 27 March 2013, a request for post-service information was forwarded to the applicant for response within 30 days (Exhibit C). As of this date, no response has been received by this office. Examiner’s Note: The applicant has not shown the characterization of his discharge was contrary to the provisions of AFR 39-17A (unfitness) (extract copy of applicable portion attached as Exhibit D). Nor has he shown the nature of the discharge was unduly harsh or disproportionate to the offenses committed. At the time of the applicant’s discharge, AFR 39- 17A, paragraph 8, stated that when discharged because of unfitness, an Undesirable Discharge (UD) will be furnished. However, in 1959, AFR 39-17 was changed to state that when an airman discharged under this regulation should be furnished an undesirable discharge, unless the particular circumstances in a given case warrants a general or honorable discharge. Criteria for the issuance of an undesirable, general, or honorable discharge is outlined in paragraph 9, AFR 39-10 (See Exhibit E). Notwithstanding the absence of error or injustice, the Board has the prerogative to grant relief on the basis of clemency if so inclined. Attached at Exhibit F is a memorandum prepared by the Air Force Review Boards Agency Legal Advisor addressing the issue of characterization of service and how standards have changed since 1959. ________________________________________________________________ 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice to upgrade his discharge to honorable. We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred during the discharge process. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority. 4. Notwithstanding the above, we recognize the adverse impact of the discharge the applicant received. While it may have been appropriate at the time and in light of the legal opinion rendered regarding undesirable discharge characterizations prior to 1959, we believe it is in the interest of justice to upgrade his discharge to general on the basis of clemency. Accordingly, we recommend that his records be corrected to the extent indicated below. THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 12 October 1954, he was discharged with service characterized as general (under honorable conditions). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04393 in Executive Session on 16 May 2013, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Aug 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBC, dated 27 Mar 13, w/atch. Exhibit D. AFR 39-17A, Enlisted Personnel. Exhibit E. AFR 39-10 Excerpt. Exhibit F. Letter, SAF/MRB Legal Advisor Opinion.