RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03854 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was given a discharge for sleep walking, which is a medical condition he could not control. He “let it be” for decades. He is now 81 years old and wants to be proud of his discharge. In support of his request, the applicant provides a copy of his DD Form 257AF, General Discharge Certificate. His complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 1 Jul 49, the applicant enlisted in the Regular Air Force as a private for a period of four years. On 17 Jan 52, his commander notified him he was recommending he appear before a Board of Officers convened under the authority of AFR 39-16, Enlisted Personnel (Discharge for Inaptitude or Unsuitability), to determine his suitability for retention in the military service. The specific reason for this action was “sleep walking”. His character and efficiency were considered “Excellent” and there was no record of disciplinary action. On 7 Feb 52, the applicant appeared before a Board of Officers to determine if he should be discharged from military service prior to the expiration of his present term of service because of unsuitability. After due consideration of all evidence submitted, orally and documentary, the board found the applicant was unsuitable for further military service because of his repeated episodes of somnambulism and emotional instability. The Board of Officers recommended the applicant be discharged for unsuitability with a general (under honorable conditions) discharge. On 27 Mar 52, the applicant was discharged, as a corporal, from the Air Force. He served 2 years, 8 months, and 27 days of total active service. Pursuant to the Board’s request, the Federal Bureau of investigation, Washington, D.C., indicated on the basis of the data furnished they were unable to locate an arrest record. Exhibit C. On 2 Feb 12, a request for post-service information was forwarded to the applicant for response within 30 days. As of this date, no response has been received by this office. 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. After a thorough review of the evidence of record, we see no evidence to show that the applicant’s discharge was erroneous or unjust. We have thoroughly reviewed the circumstances surrounding the applicant's discharge and we find no impropriety in the characterization of his service. Notwithstanding the above, consideration by this Board, is not limited to the events which precipitated the discharge. 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. Under our broader mandate and after careful consideration of all the facts and circumstances of applicant's case, we are persuaded that corrective action is appropriate on the basis of clemency. Since it has been over 57 years since his discharge and it appears likely he has led a productive and stable life, we believe it would be an injustice for him to continue to suffer from the adverse effects of the general discharge. Therefore, we believe that on the basis of clemency applicant’s discharge should be upgraded to honorable. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 27 Mar 52, he was discharged and furnished an Honorable Discharge certificate. ______________________________________________________________ The following members of the Board considered Docket Number BC- 2011-03854 in Executive Session on 29 Mar 12, under the provisions of AFI 36-2603: The Board voted to correct the record as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Sep 11. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report, 31 Oct 11. Exhibit D. Letter, AFBCMR, dated 2 Feb 12, w/atch.