RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01015
		INDEX NUMBER:  110.02

		COUNSEL:  DVA

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was offered a choice of reassignment to Japan or to be discharged due to inability to adjust to military life.  He says that if the undesirable discharge and how it would have affected his entitlements and benefits had been explained to him, he might have made a different choice.

In support of his appeal, applicant submitted statements from a friend, and past and present employers.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Based on the available military records, applicant enlisted in the Regular Air Force on 28 Aug 51 in the grade of airman basic (E-1/AB).  

Applicant received character and efficiency ratings of excellent from 28 Aug 51 – 11 Nov 51; and from 12 Nov 51 – 26 Feb 52, his character rating was good and his efficiency rating was satisfactory.

On 4 Feb 52, applicant was convicted by Summary Court-Martial for being drunk and disorderly in a public place.  He was sentenced to forfeiture of $53.00.

On 13 Nov 52, applicant was convicted by Summary Court-Martial for being absent without leave (AWOL) from 30 Oct 52 until on or about 12 Nov 52.  He was sentenced to confinement at hard labor (CHL) for one month and forfeiture of $50.00 for one month.

On 28 Oct 53, applicant was convicted by Summary Court-Martial for again being AWOL from 4 Oct 53 until on or about 24 Oct 53.  He was sentenced to CHL for one month and forfeiture of $60.00.

A Report of Proceedings of Board of Officers convened under the provisions of AFR 39-17, on 19 November 1953, reflects that the applicant was found to have evidenced traits of character that rendered his retention in the service undesirable.  The Board recommended discharge from the service because of unfitness, with an undesirable discharge.

On 9 Dec 53, he was discharged under the provisions of AFR 39-17 by reason of traits of character which render retention in the service undesirable, with an undesirable discharge.  He was credited with 2 years and 11 days active service (excludes 93 days of lost time under Art 140, Sec 6a, MCM, 1951).

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 Separation Procedures Section, HQ AFPC/DPPRS, reviewed this application and recommended denial.  They found that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, that the discharge was within the sound discretion of the discharge authority.  Even though the applicant provided character references over the past 20 years and though it has been over 48 years since his discharge, it still doesn’t warrant an upgrade since his entire two years were plagued with problems.  They also noted that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing, nor did he provide any facts warranting an upgrade of the discharge.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the Air Force evaluation, by letter dated 6 September 2001.  In his letter, he explained the quality of his service and some of the training he received prior to his discharge.  He also noted his conduct and accomplishments since leaving the service (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.  It appears that responsible officials applied appropriate standards in effecting the applicant’s 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.  We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.  Nevertheless, while we do not condone the behavior that led to the applicant’s discharge, he has had to live with its adverse effects for almost 48 years.  Based on the letters of character reference provided in the applicant’s behalf, it appears that he has been a responsible citizen and productive member of society.  Therefore, we find that an upgrade of the characterization of his discharge to general, under honorable conditions, is warranted on the basis of clemency.  An Honorable Discharge was considered; however, in view of his overall record of service, we do not believe that an upgrade of his discharge to fully honorable 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 9 Dec 1953, 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 2 October 2001, under the provisions of AFI 36-2603:

Vice Chair
Member
Member

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

     Exhibit A.  DD Form 149, dated 30 Mar 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report of Investigation.
     Exhibit D.  Letter, HQ AFPC/DPPRS, dated 10 May 01.
     Exhibit E.  Letter, SAF/MIBR, dated 15 Jun 01.
     Exhibit F.  Letter, AFBCMR, dated 7 Aug 01, w/atchs.
     Exhibit G.  Letter, Applicant Response, dated 6 Sep 01.

                                   
                                   Vice Chair

AFBCMR 01-01015

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 APPLICANT be corrected to show that on 9 Dec 1953, he was discharged with service characterized as general (under honorable conditions).

		
		Director
		Air Force Review Boards Agency