RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00726 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her deceased husband’s undesirable discharge be upgraded to a general (under honorable conditions) discharge. APPLICANT CONTENDS THAT: On numerous occasions, her deceased husband wrote the National Personnel Records Center (NPRC) requesting a copy of his discharge record to no avail. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The deceased former member’s military personnel records were apparently located in the area most heavily damaged in the fire at the NPRC in 1973. According to the limited record available, the deceased former member commenced his service on 10 Aug 48 and served on active duty until 10 Sep 54 when he was furnished an undesirable discharge in the grade of airman basic (E-1). On numerous occasions starting in 1980 and ending in 1991 the deceased former member contacted the NPRC attempting to obtain a DD Form 214, Certificate of Release or Discharge from Active Duty, confirming his time served, and that his dishonorable discharge had been restored to an honorable discharge two months after he separated from the service. NPRC advised him that his service record did not contain a copy of a Report of Separation, and they furnished him a GSA Form 6954, Certification of Military Service, in lieu of the requested document. On 3 Dec 13, a request for post-service information was forwarded to applicant for comment (Exhibit C). On 2 May 14, the applicant provided AFBCMR clemency information on behalf of her deceased husband minus the Federal Bureau of Investigation (FBI) report. She explained that the FBI needed finger prints to conduct their investigation and all she can provide them is a copy of her deceased husband’s hand taken after a 1989 hand surgery (Exhibit D). On 5 Aug 14, the applicant’s case was administratively closed as she requested in order to allow her to obtain post-service information on her deceased husband (Exhibit E). On 19 Aug 14, the applicant requested her case be reopened. She provided a letter from the Federal Bureau of Investigation (FBI) indicating they were unable to identify main file records responsive to her request for any documentation indicating her deceased husband had an arrest record post service on file with the FBI (Exhibit F). 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 error or injustice. Because no discharge package was available, the circumstances surrounding the applicant’s separation could not be verified; however, the presumption of regularity in the conduct of government affairs dictates that, absent evidence to the contrary, it should be presumed that the discharge was appropriate to the circumstances and was carried out in accordance with the governing regulations. Consideration of this Board, however, 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 in the interest of justice. After careful consideration of all the facts and circumstances of the applicant's case, the Board is persuaded that the deceased former member developed into a productive member of society since leaving the service.  It is apparent he lived a life characterized by significant contributions to society and dedicated service to his community over a many year period.  Based upon his lifetime of accomplishments, we believe the continued stigma of his undesirable discharge is unduly harsh and no longer serves any useful purpose.  Therefore, in the interest of justice, and in view of the passage of time and his post-service adjustment, we believe upgrading the characterization of his service to general (under honorable conditions) is warranted on the basis of clemency. Therefore, we recommend the deceased former member’s 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 the DECEASED FORMER MEMBER be corrected to show that on 10 September 1954 he was discharged with service characterized as general (under honorable conditions), instead of an undesirable discharge, and his widow be issued his general discharge certificate. The following members of the Board considered AFBCMR Docket Number BC-2013-00726 in Executive Session on 19 May 2015 under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining AFBCMR Docket Number BC-2013-00726 was considered: Exhibit A.  DD Form 149, dated 2 Jun 13, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Letter, SAF/MRBR, dated 3 Dec 13, w/atch. Exhibit D.  Letter, Applicant, dated 2 May 14, w/atch. Exhibit E.  Letter, AFBCMR, dated 5 Aug 14. Exhibit F.  Letter, Applicant, dated 19 Aug 14, w/atch.