RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00737
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

After he completed basic training he was assigned to radio and radar school.  He could not learn this trade and was reassigned to the Air Police Squadron.  He had no schooling or training in this field.  He was court-martialed, sentenced to confinement and released.  Upon his release he was reassigned to active duty.  Later on his commander notified him he was being processed for separation.  He requested transfer to another department, but his request was denied.  This took place over 44 years ago.

In support of his request, applicant provided a personal statement, a letter from the National Personnel Records Center; a copy of his DD Form 293, Application for Review of Discharge of Dismissal from the Armed Forces of the United States; and, his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 16 Mar 56.  He was progressively promoted to the grade of airman third class, having assumed that grade effective and with a date of rank of 1 Sep 57.  He was discharged on 25 Jul 58 and provided an undesirable discharge.  He served 2 years, 2 months, and 26 days on active duty.

In response to the Board's request the Federal Bureau of Investigations (FBI) provided an investigative report pertaining to the applicant (see Exhibit F).

The remaining 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 at Exhibit C.

Examiner's note:  The applicant was provided a copy of the Clemency Information Bulletin and asked to provide documentation pertaining to his post-service activities.  In response, he provided a letter that is appended at Exhibit E.

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AIR FORCE EVALUATION:

AFPC/DPPRS reviewed applicant's request and recommends denial.  DPPRS states that he received Article 15 punishment in January 1957 for being disorderly in quarters and for concealing his identity from the Charge of Quarters; in February 1957 he received Article 15 punishment for being disorderly in quarters, he was reduced to the grade of airman basic.  On 7 May 58, he was tried by a summary court-martial for sleeping on post.  He was sentenced to 30 days confinement and fined $25.  On 9 Jun 58, he was found sleeping on post again and was tried by summary court-martial for this offence.  He was sentenced to 30 days confinement and fined $70.  During this period of service he was counseled numerous times and assigned to various sections, but he continued to be a marginal producer with a negative attitude, unacceptable performance, and unacceptable appearance.  He did not provide any new evidence of identify and errors in his discharge processing.  Additionally, he provided no facts warranting an upgrade of his discharge.

The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that he is not denying the events that occurred over 40 years ago, he is simply asking if his discharge can be upgraded.  His complete submission 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.  Sufficient relevant evidence has been presented to demonstrate the existence of injustice.  Even though the applicant has provided no evidence to show that his discharge was improper or not in compliance with appropriate directives, it is our opinion that relief is warranted in this case.  Since it has been over 44 years since his discharge and over 25 years since the last entry on his FBI record, it appears likely that he has since led a stable and productive life and we believe it would be an injustice for him to continue to suffer the adverse effects of an undesirable discharge.  Therefore on the basis of clemency, we believe an upgrade of his discharge to general (under honorable conditions) is warranted.  Accordingly, we recommend his 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 25 July 1958 he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered Docket Number 02-00737 in Executive Session on 7 Aug 02, 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 29 Mar 02, w/atchs .
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 18 Apr 02.
     Exhibit D.  Letter, SAF/MRBR, dated 10 May 02.
     Exhibit E.  Letter, Applicant, not dated.
     Exhibit F.  FBI Investigative Report

					

AFBCMR 02-00737

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 25 July 1958 he was discharged with service characterized as general (under honorable conditions).