RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03690

XXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

1. His general (under honorable conditions) discharge be upgraded to honorable.

2. His grade be corrected from airman third class (A3C) to airman first class (A1C) on his DD Form 214, Report of Separation from the Armed Forces of the United States.

APPLICANT CONTENDS THAT:

He had attained the grade of airman first class but he was reduced in rank after having an automobile accident while driving in Paris, France, in early 1953.  The incident was purely an accident.  He was not afforded proper legal representation to present his case or defend himself and his grade was lowered without an official hearing or legal representation.  He requests that his discharge be upgraded and restoration of his grade to the status that he had attained during his military service.  The current characterization and grade do not reflect the true nature of his service.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 1 September 1950.

On 13 November 1953, the applicant was discharged under the provisions of AFR 39-14, Enlisted Personnel; Discharge for the Convenience of the Government, in the grade of airman third class (A3C) with a general (under honorable conditions) character of service.

On 12 July 1973, a disastrous fire at the National Personnel Records Center in St. Louis, Missouri destroyed approximately 16-18 million Official Military Personnel Files (OMPF).  The applicant's OMPF was in the area that suffered the most damage.

On 30 October 2017, a request for post-service information was forwarded to the applicant for review and comment (Exhibit C).  As of this date, no response has been received by this office.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits D and E.

AIR FORCE EVALUATION:

AFPC/DP2STM cannot provide any insight into the applicant’s request for upgrade of his service characterization.  Based on the presumption of regularity, they conclude that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  Due to the excessive length of time since the applicant’s discharge, the Board may determine whether an upgrade based on clemency is warranted.  The complete advisory is at Exhibit C.

AFPC/DP2SPP recommends denying the applicant’s request for promotion to airman first class (A1C) based on the lack of supporting documentation.  There was no documentation found regarding a promotion to A1C in the applicant’s limited records.  The applicant was discharged on 13 November 1953 in the rank of airman third class (A3C), with an effective date of 27 January 1953.  Without official supporting documentation to the contrary, they must assume the applicant was discharged in the correct rank.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 19 July 2018 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Nor was the discharge unduly harsh or disproportionate to the offenses committed.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, and especially in the absence of post-service information from the applicant, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-03690 in Executive Session on 30 August 2018:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 7 August 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Post Service Clemency Letter, w/atch, dated 30 October 2017.
Exhibit D:	Advisory opinion, AFPC/DP2STM, dated 2 March 2018.
Exhibit E:	Advisory opinion, AFPC/DP2SPP, dated 7 March 2018.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 19 July 2018.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.