RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03351

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:

He received a hardship discharge because of his father’s illness.  He was never under any disciplinary action his entire Air Force career.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 7 October 1963.

On 31 August 1967, the applicant submitted a request for early separation due to hardship - his father was ill.

The discharge authority approved the separation and directed a general (under honorable conditions) discharge.

On 1 September 1967, the applicant was furnished a general (under honorable conditions) discharge, and was credited with 3 years, 10 months, and 16 days of active service.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denial indicating there is no evidence of an error or an injustice.

A review of the applicant’s master of personnel record reveals an incident that occurred on or about 16 June 1967 which required a Line of Duty Determination to be conducted.  According to the AF Form 348, Line of Duty Determination, dated 29 June 1967, on or about 16 June 1967, the applicant and three other airmen were in a bar and got into an argument with civilians who were also at this bar.  Upon leaving this bar and going outside, the applicant got into a fist fight with one of the civilians where the applicant sustained several injuries and had to be hospitalized for nine days.  The Line of Duty Determination concluded that this event was “not in the line of duty”, therefore, he was charged with nine days of lost time as a result of the applicant’s misconduct.  Because of the lost time charged to the applicant as a result of an off base altercation with a civilian, the base separations authority concluded that a general discharge was the more appropriate service characterization.  They recognize that based on the extraordinary length of time since the applicant’s discharge, the board could consider granting an upgrade to the service characterization based on clemency.

The applicant has not filed a timely petition.  It has been 48 years since the applicant’s discharge from the service.  Based on the documentation on file in the master personnel records, the discharge to include the character of service was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of discharge authority.

A complete copy of the AFPC/DP2STM evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that at 70 years old it’s time for him to try and reverse an unjust act.  He received the Air Force Good Conduct Medal for three years of exemplary service.  His performance reports were rated outstanding.  He was promoted to E-4 with minimum time in grade.  He was punched outside of the bar of the indicated fight.  The dispute was with anti-Vietnam antagonists.  He further states he was released 36 days before his date of separation.  He would have received an honorable discharge.  The applicant provides recent Department of Veterans Affairs Rating Decisions.

The applicant’s complete response, with attachments, is at Exhibit E.

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 injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal, we believe the applicant is the victim of an injustice.  While we note the comments of AFPC/DP2STM indicating that relief should be denied because the character of service was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  However, the OPR did recognize that based on the extraordinary amount of time since the applicant’s discharge that clemency should be considered.  The Board believes, despite the applicant’s documented altercation off-base, that the applicant’s “under honorable conditions” discharge was questionable due to the applicant’s demonstrated outstanding performance, award recognition, and otherwise unblemished record.  This information, along with the passing of time, provides the Board the opportunity to grant clemency with respect to this application.  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 1 September 1967, he was honorably discharged and issued an Honorable Discharge Certificate.

The following members of the Board considered AFBCMR Docket Number BC-2015-03351 in Executive Session on 13 September 2016 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03351 was considered:

	Exhibit A.  DD Form 149, dated 3 August 2015, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2STM, dated 2 December 2015.
	Exhibit D.  Letter, AFBCMR, dated 4 March 2016.
	Exhibit E.  Letter, Applicant, dated 11 March 2016, w/atchs.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter pertaining to AFBCMR Docket Number BC-2015-03351.