RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03544
				INDEX CODE:  110.00
	APPLICANT	COUNSEL:  None

	SSN		HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and immature and should have known better.  The misuse of alcohol caused him to lose two stripes.  He made a mistake and wishes he could be granted a second chance.  He needs his discharge upgraded in order to receive medical benefits through the Veterans Administration.

Applicant's complete submission, with attachments, is attached at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force.  

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Washington, D.C., provided an investigative report which is attached at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states the applicant did not provide evidence of an error in his discharge case.  Nonetheless, since his discharge occurred over 48 years ago, and in consideration of the type of offenses, the member's young age, his admission about drinking and the character letters he submitted, they recommend clemency.  If a check of the FBI files proves negative, they recommend
upgrading the applicant's discharge to under honorable conditions (general).

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states some of the arrests on the FBI report he does not remember, as it was so long ago.  He is sorry for what he did and knows that doesn't correct everything.  The applicant further states since that time he has done no wrong. 

Applicant's response is attached at 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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After thoroughly reviewing the evidence of record, the Board majority is not persuaded to recommend upgrading the discharge.  The recommendation of the Air Force is duly noted, however, the Board majority feels the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  It appears the applicant was discharged in accordance with AF policy and the discharge was within the sound discretion of the discharge authority.  Further, the majority notes that even after his discharge, he apparently had other incidents of misconduct, as indicated on the FBI report, of which the applicant does not dispute.  In view of the foregoing, the Board majority finds no compelling basis upon which to recommend the requested relief.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 01-03544 in Executive Session on May 7, 2002, under the provisions of AFI 36‑2603:

By majority vote, the Board recommended denying the application. Mr. XXXX voted to grant correcting the records but he does not desire to submit a Minority Report.  The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 3 Dec 01, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	FBI Report.
	Exhibit D.	Letter, HQ AFPC/DPPRS, dated 14 Jan 02.
	Exhibit E.	Letter, SAF/MRBR, dated 18 Jan 02.
	Exhibit F.	Applicant's Response, dated 3 Apr 02.

				

AFBCMR 01-00720

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD 
			FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of APPLICANT, SSN

	I have carefully considered all the circumstances of this case and do not agree with the members of the panel that the applicant's request should be denied.

	In view of the minor infractions committed, his young age and his admission about his problems with alcohol and the recommendation from the Air Force to upgrade the discharge; I believe applicant's discharge should be upgraded, on the basis of clemency.  In this respect, I note that the applicant has had to live with the adverse effect of his undesirable discharge for over 48 years.  I believe it would be an injustice for him to continue to suffer from its effects.  

	In view of the above, it is my decision that his discharge be upgraded to general (under honorable conditions).

AFBCMR 01-03544
INDEX CODE:  110.00

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction for 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, SSN, be corrected to show that on 20 November 1953, he was discharged with the service characterized as general (under honorable conditions).