RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00166
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He was told in 1958 when he was discharged that he could get his bad conduct discharge changed to an honorable.  His house burned a few years ago and he lost all of his papers.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Prior to the period of service under review, the applicant served honorably in the Regular Air Force (RegAF) during the period 9 Sep 52 to 11 Sep 56.

On 12 Sep 56, applicant reenlisted in the RegAF for a period of six years in the grade of airman third class.

On 29 Oct 58, applicant was notified that his commander initiated discharge action against him under AFR 39‑17.  Legal counsel was made available to him.  Applicant waived his entitlement to appear before a board of officers and requested discharge, without benefit of board proceedings.  On 30 Oct 58, the commander requested the applicant be discharged under the provisions of AFR 39‑17.  The reasons for the commander’s actions were as follows:

		(a)	16 Feb 58 - Violation of Iceland Defense Force (IDF) Memo 10 - 2 (Being off base without a valid liberty pass).

		(b)	16 Mar 58 - Failure to report for work on time.

		(c)	20 Mar 58 - Leaving assigned place of duty without being properly relieved.

		(d)	3 Apr 58 - Failure to report for work on time.

		(e)	9 Apr 58 - Failure to report for work on time.

		(f)	14 Apr 58 - Violation of IDF Memo 10 - 2 (Being off base without a valid liberty pass).

		(g)	5 May 58 - Violation of IDF Memo 10 - 2 (Being off base without a valid liberty pass).

		(h)	22 Jun 58 - Applicant signed out in squadron Orderly Room for sick call.  He did not go to sick call and did not report for work.

		(i)	17 Aug 58 - Late for work, failure to perform assigned duties by not responding to two alarm calls.

		(j)	19 Aug 58 - In restricted area and possession of faulty Identification Card.

		(k)	4 Sep 58 - Violation of IDF Memo 10 - 2 (Being off base without a valid liberty pass).

		(l)	26 Sep 58 - Failure to report for work on time.

		(m)	27 Oct 58 - Violation of IDF Memo 10 - 2 (Being off base without a valid liberty pass).

Applicant received a Summary Courts-Martial on 19 May 58 for violation of IDF Memo 10 - 2 (Being off base without a valid liberty pass).  He also received three Article 15’s:  Violation of Article 86 - Failure to Repair; Violation of Article 92 - Violation of a lawful regulation.  Article 92 was violated on two different occasions.

The commander indicated that the applicant was given numerous verbal reprimands by his supervisors to induce him to repair.  He had also been counseled by the Adjutant in an effort to determine his problems and help him accept military service and to repair, but without success.  He had also been given three Article 15s:  one for failure to repair and two for violation of IDF Memo 10 - 2, Curfew and Pass Violation.  The commander indicated that in spite of the measures taken, the applicant still was unwilling to perform his assigned duties in a manner which would make him useful to the Air Force.  It was the commander’s opinion that further rehabilitation measures, short of prolonged skilled counseling, would be futile.

On 25 Nov 58, applicant was discharged from the Air Force under the provisions of AFR 39‑17 (Unfitness) with an undesirable discharge in the grade of airman third class.  He was credited with 2 years, 2 months, and 14 days of active service.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C.

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AIR FORCE EVALUATION:

The Military Personnel Management Specialist, AFPC/DPPRS, reviewed this application and indicated that applicant did not provide evidence of error in his discharge case.  However, since his discharge occurred over 42 years ago and considering he had honorably served one complete prior enlistment in the Air Force before his misconduct warranted an involuntary separation, they recommend clemency.  If a check of the FBI files proves negative, they recommend his discharge be upgraded to under honorable conditions (general).

A complete copy of the Air Force evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 2 Mar 01 for review and response.  As of this date, no response has been received by this office.

On 20 Mar 01, a copy of the FBI report was forwarded to the applicant for review and response.  In addition, he was requested to provide information pertaining to his activities since leaving the service (see Exhibit F).

On 23 Mar 01, applicant’s physician provided a statement indicating the applicant was under his medical care (see Exhibit G).

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  The Board finds no impropriety in the characterization of applicant's discharge.  It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that applicant was not afforded all the rights to which entitled at the time of discharge.  Nevertheless, while we do not condone the behavior which led to the applicant’s undesirable discharge, we noted his four years of honorable service prior to the period of service under review and believe it would be an injustice for him to continue to suffer the adverse effects of the discharge he received almost 43 years ago.  Therefore, we believe an upgrade of the characterization of his service to one under honorable conditions (general) is warranted on the basis of clemency.  However, in view of his overall record of service, we are not persuaded that further relief in the form of a fully honorable discharge is warranted.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 25 Nov 58, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered this application in Executive Session on 1 May 2001, under the provisions of AFI 36‑2603:

	            Panel Chair
	            Member
             Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 10 Jan 01.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report, dated 21 Feb 01.
     Exhibit D.  Letter, AFPC/DPPRS, dated 12 Feb 01.
     Exhibit E.  Letter, AFBCMR, dated 2 Mar 01.
     Exhibit F.  Letter, AFBCMR, dated 20 Mar 01.
     Exhibit G.  Letter fr M.D., dated 23 Mar 01.

                                   
                                   Panel Chair

INDEX CODE:  110.00

AFBCMR 01-00166

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 (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to, be corrected to show that on 25 November 1958, he was discharged with service characterized as general (under honorable conditions).