RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00291
		INDEX CODE:  110.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 Jul 06

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APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:	

His troubles started in the military when he wrote a letter to his Senator telling him of conditions he thought were wrong at his duty station.  Instead of investigating the issues, the investigation focused on him.  He was transferred to another duty station and given a second chance.  He was told if he got into further trouble he would receive a bad conduct discharge.  Just prior to Christmas 1957, he was told to sign for a discharge or go to prison.  He did not get the opportunity to speak to a lawyer or even a chaplain.  He signed the discharge, which he later understood was less than the general (under honorable conditions) discharge he was told he would receive.  Since his discharge, he has never been in trouble.  He has graduated from college and has taught in public schools, a community college and as a vocational instructor at a state prison.

In support of his request, applicant has provided a personal statement.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant's personnel records were destroyed by fire at the National Personnel Records Center, St. Louis MO, in 1973.  Therefore, the facts and circumstances surrounding his discharge cannot be verified.  Data extracted from the reconstructed record reflects that he enlisted in the Regular Air Force on 24 Feb 55 and was discharged on 17 Dec 57 under other than honorable conditions.  

The Air Force Discharge Review Board reviewed the applicant's request for upgrade of his discharge and determined no legal or equitable basis for upgrade exists.  

The Federal Bureau of Investigations (FBI) has indicated that based on the available information, they were unable to identify an arrest record pertaining to the applicant (Exhibit F).

Pursuant to the Boards request, applicant provided post-service information pertaining to his activities since leaving the Air Force.  His complete submission is at Exhibit H.

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AIR FORCE EVALUATION:

AFPC/DPPRS is unable to determine the propriety of the discharge based on the lack of documentation in his record.  The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  DPPRS defers to the Board for a determination of relief.  

The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he has made numerous attempts to have his discharge upgraded but has been unable to do so.  He states he is completely in the dark as to why he was discharged and he committed no crime, caused no damage to property or persons.  He was present and doing his assigned duties when the discharge transpired.  His complete response is at Exhibit E.

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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.  Even though the applicant has provided no evidence to show that his discharge was improper or not in compliance with the appropriate directives, it is our opinion that approval of some relief is warranted in this case.  It appears likely that he has led a stable and productive life and it appears that there is no evidence that he has had any subsequent involvement of a derogatory nature since his separation from the Air Force.  Accordingly we believe that it would be an injustice for him to continue to suffer the adverse effects of an under other than honorable conditions discharge.  Therefore on the basis of clemency, we believe an upgrade of his discharge to general (under honorable conditions) is warranted.  His request for upgrade of honorable was considered; however, in the absence of evidence by the applicant other than his own statements pertaining to the quality of his service and the facts and circumstances surrounding his separation, we do not believe an upgrade to a fully honorable discharge is warranted.  Accordingly we recommend his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 17 December 1957, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered AFBCMR Docket Number BC-2005-00291 in Executive Session on 9 Jun 05, 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 21 Jan 05, w/atchs.
    Exhibit B.  Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 3 Feb 05.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Feb 05.
    Exhibit E.  Letter, Applicant, dated 15 Feb 05.
    Exhibit F.  FBI Negative Reply, dated 14 Mar 05.
    Exhibit G.  Letter, SAF/MRBC, dated 4 Mar 05, w/atch.
    Exhibit H.  Letter, Applicant, not dated, w/atchs.

						Panel Chair

AFBCMR BC-2005-00291

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 17 December 1957, he was discharged with service characterized as general (under honorable conditions).

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							Director
							Air Force Review Boards Agency