RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02842 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His undesirable discharge be upgraded to honorable. 2. He be reinstated to the rank of Sergeant. ________________________________________________________________ APPLICANT CONTENDS THAT: The undesirable discharge was unwarranted due to a complete pardon being issued. He is now in his 80s and wants to leave a clean slate of his service record for his family. Sometime in March of 1950, he was arrested by civil authorities. He spent 43 days in jail awaiting court proceedings. He was never approached by anyone from the military. He was subsequently convicted of the offense which caused him to show up on the daily military report as being absent without leave (AWOL). He was sentenced to serve a six-month term. After several weeks, he became a trustee of the sheriff. He was eventually issued a pardon from the Governor which was given to him by the sheriff. It was always his intent to stay in the military but he thought he was not permitted to reenlist. He did not realize he could have continued his military service. In support of his request, the applicant provides a copy of a letter from the District Judge to the Governor, a copy of the official executive order of pardon dated 9 August 1950, his WD Form 53-59 Enlisted Record and Report of Separation Undesirable Discharge, with a date of separation of 13 June 1950, and a copy of his previous Honorable Discharge Certificate with a 10 November 1948 date of discharge. The applicant’s complete submission, with attachments is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS On 5 April 1949 the applicant re-enlisted from the Army into the Air Force at the U.S. Army Recruiting Station for a term of three years after serving in the Army for 2 years and 9 months. As indicated by the WD Form 53-59, on 13 June 1950 the applicant was separated from the Air Force with an undesirable discharge. He was credited with 3 years, 10 months and 6 days of total service. In a letter dated 29 July 1950 the District Judge petitioned the Governor of the State of New Mexico to consider granting the applicant a pardon. The District Judge states the Sheriff’s Department and the District Attorney’s Office had informed him that the applicant was a model prisoner who in their opinion was entitled to every consideration in order that he may retain his military status. He was sentenced to serve a term of six months for a charge of taking an automobile without permission of the owner and driving it from a night club to the local city. Another young man was involved in the incident and it had come to their attention that the other man was principally responsible for the incident. In an executive order dated 9 August 1950 the Governor granted the applicant a complete pardon from further service of said sentence. Pursuant to the Board's request, the FBI was unable to identify an arrest record on the basis of information furnished. ________________________________________________________________ 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 an injustice. Even though the applicant has provided no evidence to show that his discharge was improper or not in compliance with appropriate directives, it is our opinion that approval of some relief is warranted in this case on the basis of clemency. It appears that he has led a stable and productive life and there is no evidence that he has had any subsequent serious involvement of a derogatory nature since his separation from the Air Force, considering the fact that his FBI report indicates no adverse information over the past 50 years. In light of the above, we believe that it would be an injustice for him to continue to suffer the adverse effects of an undesirable discharge and his discharge should be upgraded to general. In the absence of any information from the applicant documenting his activities since leaving the service, we are not inclined to favorably consider his request for an honorable discharge. However, the Board is willing to reconsider the applicant’s request and have included an Information Bulletin to assist him in submitting a future request. As to the applicant’s request to be reinstated to the rank of Sergeant, he has provided no evidence indicating his rank was incorrect at the time of his discharge. In the absence of such evidence we are not inclined to favorably consider this portion of his application. Accordingly, we recommend that his records be corrected as indicated below. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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 June 1950, he was discharged with service characterized as General (Under Honorable Conditions). The following members of the Board considered this application BC-2011-02842 in Executive Session on 27 March 2012, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: DD Form 149, dated 10 June 2011, w/atchs. Panel Chair AFBCMR BC-2011-02842 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 it is directed that: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 13 June 1950, he was discharged with service characterized as General (Under Honorable Conditions). Director Air Force Review Boards Agency