RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00613
		INDEX CODE 110.00
		COUNSEL:  XXXXX

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded to a general discharge.
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APPLICANT CONTENDS THAT:

Although 42 years have passed, he still to this day regrets the fact that he received a bad conduct discharge from the Air Force for fighting when he was 18 years old.  He blames no one but him self for getting into fights when he was in England.  Two summary courts martial should have taught him a lesson.  To be engaged in another fistfight and go before a special court martial was reprehensible on his part.  His parents raised him better. He knew better and age was not an excuse.  After being discharged in 1959, except for a conviction in 1961 for driving while intoxicated where he spent 10 hours in jail, he has not consumed any alcohol nor has he been convicted of any criminal offense in the last 40 years.  If the board should be inclined to change the records to a general discharge, he would be most grateful.  As the records stand now, it is not the proper legacy he wishes to leave his family.

In addition, the bad conduct discharge was removed as a category during the 1960’s.  The three events in attachments A, B. C. and D, were actually the same and the special court martial was an enhancement based on events 1 and 2 attachment A.  

In support of his appeal, he submits a personal statement, a copy of his court martial conviction, and letters from his attorney, the Mississippi Commissioner of Insurance, Chairman-Arrow Trucks, Inc and a good friend.  Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973.  Therefore, the facts surrounding his service cannot be verified.

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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APPLICANT'S REVIEW OF FBI REPORT:

The applicant reviewed the FBI Report and requested that his original DD Form 149 be amended to read that he was arrested in 1961 for DUI.

Applicant's complete response is at Exhibit E.

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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.	We find 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.  Considered alone, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.

4.	Consideration of this Board, however, is not limited to the events which precipitated the discharge.  We have a Congressional mandate which permits consideration of other factors; e.g., applicant's background, the overall quality of service, and post-service activities and accomplishments.  Further, we may base our decision on matters of equity and clemency rather than simply on whether rules and regulations which existed at the time were followed.  This is a much broader consideration than officials involved in the discharge were permitted, and our decision in no way discredits the validity of theirs.

5.	Under our broader mandate and after careful consideration of all the facts and circumstances of applicant's case, we are persuaded that applicant has been a productive member of society.  We recognize the adverse impact of the discharge applicant received; and, while it may have been appropriate at the time, we believe it would be an injustice for applicant to continue to suffer its effects.  Accordingly, we find that corrective action 

is appropriate as a matter of equity and on the basis of clemency.  Therefore, we recommend his discharge be upgraded to one under honorable conditions (General).

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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 10 November 1959, 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 August 2002, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 6 Jan 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit D.	Letter, SAF/MIBR, dated 2 Jul 02.

	

AFBCMR 02-00613

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, it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXX, be corrected to show that on 11 November 1959, he was discharged with service characterized as general (under honorable conditions).