RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00833 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Undesirable Discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was unjustly discharged and was only fifteen years old when he enlisted. In support of his request, the applicant provides copies of his Certification of Military Service and his birth certificate. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records were apparently located in the area most heavily damaged in the fire at the National Personnel Records Center (NPRC) in 1973. Documents provided by the applicant indicate he served on active duty from 1 Apr 55 through 3 May 57. According to available records, the applicant was discharged for unfitness under the provisions of AFR 39-17, Unfitness. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report indicating they were unable to locate an arrest record on the basis of the information provided. A request for post-service information was forwarded to the applicant on 25 Jun 10. In response, the applicant provides an expanded statement and copies of three letters of support, documents related to his New York City retirement, and a copy of his birth certificate (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 error or injustice. It appears the applicant’s records were destroyed by fire in 1973 at the NPRC. Therefore, the facts surrounding his separation and character of service could not be verified. However, based on the presumption of regularity in the conduct of governmental affairs, we must assume the applicant’s discharge and service characterization were proper and in compliance with the directive under which it was effected. Nonetheless, consideration of this Board is not limited to the events which precipitated the discharge. In this respect, it may base its decision on matters of equity and clemency rather than simply on whether rules and regulations which existed at the time were followed. Under this broader mandate, and after careful consideration of all the facts and circumstances of applicant's case, we are persuaded corrective action is warranted based on clemency. While it appears the applicant has made a successful transition to civilian life and the continued stigma of his Undesirable Discharge is unduly harsh and no longer serves any useful purpose, we do not find the evidence sufficient to warrant an upgrade of his discharge to honorable. However, in view of the passage of time and his post-service adjustment, we believe upgrading his discharge to general is appropriate in this case. Accordingly, we recommend the applicant’s Undesirable Discharge be upgraded to general. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 3 May 1957, he was discharged with service characterized as General (Under Honorable Conditions). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00833 in Executive Session on 5 Oct 10, 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-2010-0833 was considered: Exhibit A. DD Forms 149, dated 24 Feb 10, w/atchs. Exhibit B. Applicant's Available Personnel Records. Exhibit C. Letter, AFBCMR, dated 25 Jun 10, w/atch. Exhibit D. Letter, Applicant, dated 19 Jul 10, w/atchs.