RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00948

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His general discharge for his initial period of active duty service from 26 December 1945 to 12 July 1948 be upgraded to honorable.  

APPLICANT CONTENDS THAT:

He served as a military policeman in Germany from 1947 to 1948.  During this time, he occupied the only room in his barracks which had a private commode.  The detachment commander and his senior noncommissioned officers routinely held beer fests in the basement and during these events he would be required to leave his room unsecured in order to permit women to use the restroom. On one occasion, he neglected to leave the room unsecured and as a result, he received a general discharge.

Although his discharge record shows he was born in 1928, he was born in 1930.  He enlisted at age 15 and served in Germany as a 15, 16 and 17 year old.  He was not the sharpest soldier serving in Europe; however, he always performed his duties in an acceptable manner.  He did not receive any written admonitions or reprimands or Article 104 (now Article 15).  He fails to see any justification for a general discharge.  His failure to leave his room open so incensed his commander that he was given a general discharge.  However, he went on to serve an additional 36 years and retired in the grade of colonel (O-6).

He purposefully retained the general discharge and did not ask for a re-evaluation as a reminder of the injustice in the hopes it would preclude him from doing the same to another individual.  However, as he approaches his last roll-call, he would prefer to do so with a clean record and avoid any disappointment to his children. 

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

STATEMENT OF FACTS:

The applicant served a period of active duty from 26 December 1945 to 12 July 1948 and was discharged with a general discharge per his WD AGO Form 53-58, Enlisted Record and Report of Separation, General Discharge.

On 29 December 1948, the applicant reenlisted in the Regular Air Force and was discharged on 11 September 1952.  The applicant reenlisted again on 2 September 1953 and retired 30 June 1986 in the grade of colonel (O-6).  His DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his retirement reflects he served 28 years, 3 months and 10 days of active duty service this period.  He was also credited with 10 years, 9 months and 19 days of prior active duty service.  

On 21 June 2016, the AFBCMR provided the applicant with an opportunity to provide information pertaining to his activities since leaving the service (Exhibit C).  As of this date, this office has not received a response.  

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.  The applicant requests his general discharge for his initial period of active duty service from 26 December 1945 to 12 July 1948 be upgraded to honorable.  We note the applicant’s records do not contain any information as to the reason for his general discharge.  The applicant has also provided no evidence to substantiate his assertion the general discharge was the result of retaliation by his commander for failure to leave his room unlocked during the commander’s parties. Based on the insufficient evidence of record, we are unable to determine if there was an error or injustice in the processing of the applicant’s discharge.  However, in light of our broader mandate and after careful consideration of all the facts, the passage of time and the applicant’s distinguished and honorable service to the Air Force for over 38 years, we find it is in the interest of justice to upgrade his discharge for his initial period of service.  Furthermore, we are persuaded the stigma of his discharge characterization during his initial enlistment serves no useful purpose.  Since the WD AGO Form 53-58 is no longer issued, we recommend the applicant be issued a DD Form 215, Correction to DD Form 214, to show his characterization of service was honorable.  Therefore, in the interest of justice, 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 show that he was discharged on 12 July 1948 with a honorable discharge and he be issued a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect his honorable discharge.   

The following members of the Board considered AFBCMR Docket Number BC-2016-00948 in Executive Session on 1 June 2017 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 4 March 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 21 June 2016.

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.