RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02613 INDEX CODE: 110.00 XXXXXXX COUNSEL: No HEARING DESIRED: No ________________________________________________________________ _ APPLICANT REQUESTS THAT: His general discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: His discharge was too harsh of a punishment and it should be upgraded to honorable. In support of his application, applicant provides a copy of WD AGO Form 53-58, Enlisted Record and Report of Separation – General Discharge. Applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant enlisted in the Army Air Corps as a private on 23 June 1946, for a term of three years. On 18 May 1947, the applicant was convicted by Summary Court-Martial for failure to report and for willfully disobeying a lawful order. Punishment consisted of confinement to hard labor for 21 days and forfeiture of $33.00 of pay for one month. On 13 July 1949, the applicant was separated from the Air Force under the provisions of AR 615-360, Enlisted Men – Discharge, General Provisions, Expiration of Term of Service with a general discharge. Member served 3 years with 21 days lost due to confinement. The applicant enlisted in the Air Force on 14 September 1949 for a period of four years and was progressively promoted to the grade of master sergeant with a date of rank of 1 May 1968. The applicant was honorably discharged on 31 May 1974 and retired effective 1 June 1974 in the grade of master sergeant after serving 27 years, 8 months and 17 days of total active service. AIR FORCE EVALUATION: AFPC/DPSOS recommends denial and states that based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. The discharge was within the discretion of the discharge authority. The applicant has not submitted any evidence or identified any errors or injustices that occurred in the discharge processing. He provided no facts warranting an upgrade of his discharge. AFPC/DPSOS’S complete evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 12 December 2007, for review and comment. As of this date, no response has been received by this office. ________________________________________________________________ _ 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. We find no impropriety in the characterization of applicant's discharge. It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that the applicant was not afforded all the rights to which entitled at the time of discharge. Considered alone, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. 4. Consideration of this Board, however, is not limited to the events which precipitated the discharge. We have a Congressional mandate which permits consideration of other factors; e.g., applicant's background, the overall quality of service, and post-service activities and accomplishments. Further, we may base our decision on matters of equity and clemency rather than simply on whether rules and regulations which existed at the time were followed. This is a much broader consideration than officials involved in the discharge were permitted, and our decision in no way discredits the validity of theirs. 5. Under our broader mandate and after careful consideration of all the facts and circumstances of the applicant's case, we are persuaded that the applicant has been a productive member of society. We recognize the adverse impact of the discharge the applicant received; and, while it may have been appropriate at the time, we believe it would be an injustice for him to continue to suffer its effects. Accordingly, we find that corrective action is appropriate as a matter of equity and on the basis of clemency. Therefore, 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 APPLICANT, be corrected to show that on 13 July 1949, he was honorably discharged and furnished an Honorable Discharge Certificate. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2007-02613 in Executive Session on 20 March 2008, 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 8 Aug 07, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 20 Nov 07. Exhibit D. Letter, SAF/MRBR, dated 12 Dec 07.