RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03276

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His under honorable conditions discharge be upgraded to honorable.  

APPLICANT CONTENDS THAT:

He served his entire active duty enlistment, including two years in the Air Force Reserve, with no time lost.  

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 28 October 1954.

On 19 August 1955, the applicant’s commander informed him he was imposing an Article 15 for displaying conduct unbecoming of an airman on or about 18 August 1955.  On 22 August 1955, the applicant acknowledged receipt of the Article 15 and declined trial by court martial.  He did not submit matters for mitigation, extenuation or defense.   

A charge sheet dated 3 May 1956 reflects the applicant on or about 14 April 1956 wrongfully appropriated a jeep, of a value of more than $50.00, the property of the United States.  He was tried by summary court-martial and was reduced to the grade of Airman Basic (AB, E-1).  

According to a letter dated 25 September 1958, the applicant received an Article 15 and was reduced to the grade of AB for failure to go to his prescribed appointed place of duty on or about 25 September 1958.  

On 27 October 1958, he was released from active duty in the grade of AB with an under honorable conditions discharge with a reason for separation of “Expiration Term of Service, para 12, AFR 39-10.”  He was credited with four years of active duty service.  

On 27 October 1962, the applicant was honorably discharged from the Air Force Reserve.  

On 14 March 2016, the AFBCMR provided the applicant with an opportunity to provide information pertaining to his activities since leaving the service (Exhibit C).  In response, he provides a certification of fingerprint based criminal history records check from his employer dated 15 February 2005.  The letter states per federal requirements, the applicant had no disqualifying criminal offenses as described in the Code of Federal Regulations.  The applicant also provides a letter of commendation dated 1 April 2004 for his exceptional professionalism in carrying out his duties since beginning his civil service career in 1973 with the Naval Aviation Engineering Service Unit and later with the Naval Air Technical Data and Engineering Service Command and a certificate of merit presented by the Boeing Company in recognition of a constructive suggestion to improve operations dated 16 March 1967.   

The applicant’s complete submission, with attachments is at 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 error or injustice.  In accordance with Title 10, United States Code, Section 1552(f), our actions are limited to corrections to the record to reflect actions taken by the reviewing officials and action on the discharge for the purpose of clemency.  We noted an inconsistency between the service characterization on the DD Form 214 and the annotation that he was discharged upon expiration of term of service, which would normally result in an honorable discharge.  Despite this discrepancy, however, given the record of minor infractions and without other information, we find no evidence which indicates the applicant’s service characterization was improper or that it exceeded the limitations set forth in the Uniform Code of Military Justice (UCMJ).  However, in light of our broader mandate and after careful consideration of all the facts and circumstances of the applicant’s case, the Board is persuaded that he developed into a productive member of society since leaving the service.  It is apparent he has lived a life characterized by significant contributions to society and dedicated service over many years.  Based on these accomplishments, we believe the continued stigma of his discharge is unduly harsh and no longer serves any useful purpose.  Therefore, in the interest of justice and, in view of the passage of time, and his post-service achievements, we believe upgrading the characterization of his under honorable conditions discharge to honorable is warranted on the basis of clemency.  

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with his discharge on 27 October 1958, be amended in item 13a, Character of Service, to reflect Honorable and furnished an Honorable Discharge certificate.  

The following members of the Board considered AFBCMR Docket Number BC-2015-03276 in Executive Session on 3 May 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 was considered:

	Exhibit A.  DD Form 149, dated 25 July 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 15 March 2016.
	Exhibit D.  DD Form 149, dated 25 July 2015, w/atchs.