RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			   DOCKET NUMBER: BC-2013-00794

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

His records should be upgraded for the period of service which 
he served.  He served three different enlistments covering more 
than 12 years of active service.  He experienced racial 
discrimination during that time which affected his service.

In support of his appeal, the applicant provides his Certificate 
of Military Service, DD form 214, Enlistment Record and Report 
of Separation Honorable Discharge.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 8 November 
1943.  On 29 January 1958, the applicant was notified of his 
commander’s intent to discharge him from the Air Force for 
repeated failure to meet financial obligations. 

On 27 February 1958, a Board of Inquiry recommended the 
applicant be discharged for unfitness.  He was discharged on 
11 April 1958. 

On 7 August 1961, the Air Force Board for Correction of Military 
Records denied the applicant’s request to upgrade his discharge. 

On 17 October 2013, a request for post-service information was 
forwarded to the applicant for response within 30 days 
(Exhibit C).  As of this date, no response has been received by 
this office.

Examiner’s Note: The applicant has not shown the 
characterization of his discharge was contrary to the provisions 
of AFR 39-17A (unfitness) (extract copy of applicable portion 
attached as Exhibit D).  Nor has he shown the nature of the 
discharge was unduly harsh or disproportionate to the offenses 
committed.  At the time of the applicant’s discharge, AFR 39-
17A, paragraph 8, stated that when discharged because of 
unfitness, an Undesirable Discharge (UD) will be furnished.  
However, in 1959, AFR 39-17 was changed to state that when an 
airman discharged under this regulation should be furnished an 
undesirable discharge, unless the particular circumstances in a 
given case warrants a general or honorable discharge.  Criteria 
for the issuance of an undesirable, general, or honorable 
discharge is outlined in paragraph 9, AFR 39-10 (See Exhibit E).  
Notwithstanding the absence of error or injustice, the Board has 
the prerogative to grant relief on the basis of clemency if so 
inclined.

Attached at Exhibit F is a memorandum prepared by the Air Force 
Review Boards Agency Legal Advisor addressing the issue of 
characterization of service and how standards have changed since 
1959.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice to upgrade his 
discharge to honorable.  We took notice of the applicant's complete submission in judging the merits of the case; however, 
we find no evidence of an error or injustice that occurred during the discharge process.  Based on the available evidence 
of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within 
the commander's discretionary authority.  

4.  Notwithstanding the above, we recognize the adverse impact of the discharge the applicant received.  While it may have been 
appropriate at the time, in light of the legal opinion rendered regarding undesirable discharge characterizations prior to 1959, 
we believe it is in the interest of justice to upgrade his discharge to general on the basis of clemency.  Accordingly, we 
recommend that his records be corrected to the extent 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 11 April 1958, 
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-2013-00794 in Executive Session on 3 December 2013, 
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 21 Jun 12, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, SAF/MRBC, dated 17 Oct 13, w/atch.
    Exhibit D.  AFR 39-17A, Enlisted Personnel.
    Exhibit E.  AFR 39-10 Excerpt.
    Exhibit F.  Letter, SAF/MRB Legal Advisor Opinion.
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