RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02266

						COUNSEL:  NONE

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His discharge was given under false pretense and for reasons beyond his control.  He believes that justice was not served properly.  Due to the fire at the National Personnel Record Center (NPRC) in 1973, he does not have a copy of his military records.  In the interest of justice he seeks clemency.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 30 May 1956.

On 19 January 1959, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-17 (Unfitness).  The reasons for the action included:

	a.  The applicant received nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for failure to repair on three different occasions - 17 April 1958, 17 June 1958 and 1 August 1958.

	b.  The applicant was tried by a summary court-martial for having knowledge of a lawful order to sign a CQ Roster every hour on the hour between the hours of 1700 and 2000.  On 31 December 1958, he failed to obey the same.  Additionally, on 8 January 1959, he failed to repair.

On 5 January 1959, the applicant acknowledged receipt of the action and elected to waive his entitlement to appear before a board of officers and requested discharge without benefit of board proceedings.

The discharge action was found legally sufficient and on 19 January 1959, the discharge authority approved the recommendation.

On 22 January 1959, the applicant was furnished an undesirable discharge, and was credited with 2 years, 5 months, and 16 days of active service.

On 7 August 1980, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request that his undesirable discharge be upgraded to honorable.  The board concluded that the discharge was consistent with the procedural and substantive requirements of the discharge regulation, provided full administrative due process, and was within the discretion of the discharge authority (Exhibit B).

A request for post-service information was forwarded to the applicant on 19 August 2016 for review and comment within 30 days (Exhibit C).  In response the applicant provided a Federal Bureau of Investigation (FBI) background investigation, a Certificate of License as a Deacon, various certificates of accomplishments from Walmart, and statements from coworkers and his Pastor reiterating his accomplishments since leaving the Air Force and expressing their support of the applicant’s request for an upgrade of his discharge (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 an injustice warranting relief.  After thoroughly reviewing the evidence of record and the applicant's complete submission, we are persuaded that it is in the interest of justice to upgrade the applicant’s character of service from undesirable to general (under honorable conditions) on the basis of clemency.  Although no evidence was provided to show that his discharge was improper or not in compliance with appropriate directives, in view of the passage of time and the applicant’s successful post-service transition, we believe it would be an injustice for the applicant to continue to suffer the adverse effects of his UOTHC discharge.  Further, while we note the FBI report contained several entries, the last one occurred in 1991.  The applicant has had a clean record for over 26 years; and appears to have led a stable and productive life since then.  In this respect, we note the several supporting statements the applicant has provided attesting to his good character and standing in his community.  In view of the above, we believe that it would be an injustice for him to continue to suffer the adverse effects of an undesirable discharge.  Therefore we believe an upgrade of his discharge to general (under honorable conditions) is warranted.  Accordingly we recommend that his 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 22 January 1959, he was discharged with service characterized as general (under honorable conditions).

The following members of the Board considered AFBCMR Docket Number BC-2016-02266 in Executive Session on 14 November 2017 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 1 June 2016, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 19 August 2016, w/atch.
	Exhibit D.  Letter, Applicant, not dated, 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.