RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05533 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to “Honorable.” ________________________________________________________________ APPLICANT CONTENDS THAT: He served 3 years and 10 months of honorable service and made one mistake. He was told to report to the legal office and after meeting with an officer; he was informed that he had been court-martialed, reduced in rank and locked up for 8 days. The aforementioned actions were enough punishment and the type of discharge he received completely disregarded his previous honorable service. He cannot provide any further military documentation as his records were destroyed in a fire in St. Louis. In support of his request the applicant provides a copy of DD Form 214, Report of Separation from the Armed Forces of the United States. His complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The available records indicate the applicant entered the Regular Air Force on 15 Feb 1952 and was discharged on 27 Jan 1956 with service characterized as general (under honorable conditions). He served 3 years, 11 months and 5 days of total active duty. The applicant’s remaining military personnel records are unavailable. Therefore, the facts surrounding his service in the Air Force and his discharge cannot be verified. On 5 Aug 2013, the applicant was offered an opportunity to provide information pertaining to his activities since leaving the service. (Exhibit C) Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C., indicated on the basis of the data furnished they were unable to locate an arrest record. On 15 Aug 2013, the applicant requested his case be administratively closed. (Exhibit D) On 12 Nov 2013, the applicant requested his case be reopened. He states that he twice attempted to have his finger prints sent to the Federal Bureau of Investigation (FBI). However, the “quality characteristics” of his fingerprints were insufficient and could not be used. He has no criminal record and would like to re-open his case without the FBI report. He was 18 years old when he joined the Air Force as an Airborne Radio Operator. He had almost four years of honorable service until his last night in Japan. He was due to fly his last mission before returning to the United States and made the mistake of celebrating too much the night before his departure. He overslept and missed the flight, which led to his court martial. He was irresponsible and his mistake ruined almost four years of honorable service. After his discharge from the Air Force he enrolled at the University of Wisconsin on what was left of his GI Bill. He graduated in 1962 with a major in Mathematics and a minor in Chemistry and Geography. In 1972 he completed his Master’s Degree in Audio-Visual Administration and managed the Audio Visual Department at the junior high. He taught mathematics for over 28 years. In addition he was a member of the Volunteer Fire Department and coached boys and girls basketball. His teams won two conference championships, and won 3rd place at the State Championship in 1977. In 1984 he received an award from the State Coaches Association and was also named District Coach of the Year. He has been an active member of numerous organizations and served as the President of the Teachers’ Association. His wife is also a teacher and they have been married for 54 years. They have two children, four grandchildren, and two great-grandchildren. In further support of his request the applicant provides copies of a résumé of his life, character statements, DD Form 214 and FBI documents. His complete submission is at Exhibit F. ________________________________________________________________ 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. After a thorough review of the evidence of record, we see no evidence to show that the applicant’s discharge was erroneous or unjust. We have thoroughly reviewed the circumstances surrounding the applicant's discharge and we find no impropriety in the characterization of his service. Notwithstanding the above, consideration by this Board, is not limited to the events which precipitated the discharge. 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. Under our broader mandate and after careful consideration of all the facts and circumstances of applicant's case, we are persuaded that corrective action is appropriate on the basis of clemency. Since it has been over 58 years since his discharge and he does not have a criminal history, it appears likely he has led a productive and stable life and we believe it would be an injustice for him to continue to suffer from the adverse effects of the general discharge. Therefore, we believe that on the basis of clemency applicant’s discharge should be upgraded to honorable. ________________________________________________________________ __ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 27 Jan 1956, he was honorably discharged and furnished an Honorable Discharge certificate. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 13 Mar 2014 and 26 Mar 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence was considered in AFBCMR BC-2012- 05533: Exhibit A. DD Form 149, dated 27 Nov 2013, w/atch. Exhibit B. Applicant's Available Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 30 Jul 2013. Exhibit D. Letter, Applicant, dated 15 Aug 2013. Exhibit E. Letter, AFBCMR, dated 18 Sep 2013. Exhibit F. Letter, Applicant, dated 12 Nov 2013. Panel Chair 4 4