RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00689
		INDEX NUMBER:  106.00

	XXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He was only 19 years old when he was discharged from the Air Force.  He has been a good citizen and worker since his discharge and has led a productive life.  Applicant provides several letters of support.

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 30 Apr 55.  On 5 March 1957, the applicant’s squadron commander recommended that he appear before a Board of officers to determine his unfitness for further retention in the military service.  The reasons for the action were as follows:

	  A. 21 February 1956.  Counseled concerning his military appearance and behavior.

	  B. 9 April 1956.  Counseled regarding a letter of indebtedness.

	  C. 21 June 1956.  Received an Article 15 for disorderly conduct.

	  D. 5 July 1956.  Received an Article 15 for disorderly conduct.

	  E. 7 July 1956.  Given a delinquent report by the Air Police for disorderly conduct.

	  F. 1 August 1956.  Counseled for causing a disturbance in the barracks.

	  G. 22 August 1956.  Counseled for a letter of indebtedness.

	  H. 11 September 1956.  Counseled for a letter of indebtedness.

	  I. 20 September 1956.  Counseled for failure to report to his place of duty.

	  J. 1 October 1956.  Apprehended by civilian police for causing a disturbance at his in-law’s house.

	  K. 2 October 1956.  Counseled for disorderly conduct.

	  L. 15 October 1956.  Counseled for failure to report for duty on time.

	  M. 18 October 1956.  Counseled for failure to report for duty on time.

	  N. 23 October 1956.  Counseled for a letter of indebtedness.

	  O. 8 November 1956.  Counseled for a letter of indebtedness.

	  P. 30 November 1956.  Counseled for a letter of indebtedness.

	  Q. 3 December 1956.  Counseled for a letter of indebtedness.

	  R. 18 January through 7 February 1957.  Absent Without Leave.  Given an Article 15.

	  S. 1 March 1956.  Given a delinquent report by the Air Police for drunk and disorderly conduct.

On 5 March 1957, the applicant acknowledged notification of the commander’s recommendation.  He waived his entitlement to appear before the board and requested discharge without benefit of board proceedings.  On 9 March 1957, the Group Commander recommended approval of the applicant’s discharge to the Wing commander.  On 20 March 1957, the Wing Commander recommended approval of the applicant’s discharge.  On 27 March 1957, the Ninth Air Force Commander approved the applicant’s discharge.  The applicant was discharged on 3 April 1957 with an UOTHC discharge.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, was unable to identify the applicant with arrest record on basis of information furnished.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial of the applicant’s request.  Based on the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The applicant did not submit any new evidence or identify any errors or injustices that incurred in the discharge processing.  Additionally, he provided no factors warranting an upgrade of his discharge.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5 April 2002 for review and comment within 30 days.  To date, a response has not been received.

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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 a basis for a measure of relief.  We find that the applicant’s discharge was appropriate at the time of his separation.  However, we note that he was relatively young when he committed the infractions that led to his unfavorable discharge and that in the more than forty-five years since he left service, he has led a productive life and contributed to his community.  While we do not believe that the circumstances of the applicant’s discharge warrant an upgrade to honorable, we do believe that an upgrade to under honorable conditions (general) is appropriate.  Therefore, we recommend that the applicant’s records be corrected as indicated below.

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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      3 April 1957, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered Docket Number 02-00689 in Executive Session on 5 June 2002, under the provisions of AFI 36-2603:

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

     Exhibit A.  DD Form 149, dated 5 Mar 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPRS, dated 21 Mar 02.
     Exhibit D.  Letter, SAF/MIBR, dated 5 Apr 02. 

                                   

AFBCMR 02-00689

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 XXXXXXXX, XXX-XX-XXXX, be corrected to show that on 3 April 1957, he was discharged with service characterized as general (under honorable conditions).