RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02541

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His general, under honorable conditions, discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

Fellow members of the Jewish War Veterans of the United States suggested he apply for an upgrade because it may be to his advantage with respect to Department of Veteran’s Affairs (DVA) benefits, government permits and considerations.

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

STATEMENT OF FACTS:

According to the DD Form 214, Armed Forces of the United States Report of Transfer of Discharge, dated 7 Dec 64, submitted by the applicant, he entered the Regular Air Force on 31 May 63.

On 25 Jul 64, he was charged by the local police department for a hit and run accident.  He was incarcerated in lieu of $50.00 bail.  

On 3 Aug 64, he received a letter of Reprimand (LOR) for failing to maintain standards in keeping his barracks in satisfactory condition.  He acknowledged receipt the same day.

On 17 Sep 64, he received an LOR for failing to report on time to attend a class on 12 Aug 64.  He acknowledged receipt the same day.

On 19 Nov 64, he received an Article 15, Uniform Code of Military Justice (UCMJ) for reporting late to attend class.  He was ordered to undergo 30 days correctional custody.  He acknowledged receipt the same day.  

On 30 Nov 64, his commander notified him he was recommending him for general discharge under the provisions of AFR 39-16, Discharge for Unsuitability, paragraph 4c, Section B.  His commander’s reasons included lack of aptitude, negative attitude toward the Air Force and his organization, inability to expend constructive efforts in assigned tasks, and failure to benefit from repeated counseling.  

On 1 Dec 64, the applicant declined to submit rebuttal statements on his own behalf in response to notification his commander was recommending him for discharge.

On 3 Dec 64, the Discharge authority approved his general discharge.

According to the DD Form 214, dated 7 Dec 64, submitted by the applicant, he received a general, under honorable conditions, discharge and was credited with 1 year, 5 months, and 17 days of active service.

On 21 Jun 15, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C).  The applicant responded with a letter stating he is providing character references, statements of community service and the requested Federal Bureau of Investigation (FBI) report.

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.  We find no impropriety in the characterization of the applicant's discharge or the narrative reason for his separation.  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.  In this respect, it may base its decision on matters of equity and clemency 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.  In this respect, we note that in support of his request, the applicant has provided a letter discussing his honorable character and notable achievements in the over 52 years since his discharge, to include his participation in several community and religious organizations.  It appears the applicant has successfully transitioned to civilian life and the characterization of his discharge as general (under honorable conditions) no longer serves a useful purpose and it would be in the interest of justice to correct his records to reflect he received an honorable characterization of service along with the corresponding narrative reason for separation and reentry code.  Therefore we recommend the applicant’s records be corrected as indicated below. 

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 7 December 1964 he received an “Honorable” characterization of service with a narrative reason for separation of “Secretarial Authority”, a separation program designator code of “JFF,” and a reentry code of “3K”.

The following members of the Board considered AFBCMR Docket Number BC-2015-02541 in Executive Session on 8 Mar 2016 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-2015-02541 was considered:

	Exhibit A.  DD Form 149, dated 8 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter SAF/MRBR, dated 21 Jun 15.
	Exhibit D.  Letter, Applicant, dated 25 Nov 15.