RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-00767
		INDEX CODE  110.00
	 	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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THE APPLICANT CONTENDS THAT:

His discharge was unjust since there was no intent of fraud at the time of his enlistment and he was denied his request for a hearing or a delay in his discharge to prove his innocence.

The applicant states that at the time of his enlistment, he marked “yes” to the question of being arrested since he was picked-up as a juvenile for two or three minor offenses.  The recruiter checked with the police department and was told that he had not been convicted of any felonies, only a couple of misdemeanors.  The recruiter then asked him to complete a new form and to mark “no” to the question of being arrested.  He did as he was told and did not intend to fraudulently enlist.  He did honorably serve his country and would have made a career in the service.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 26 November 1948 for a period of three years.

On 28 September 1949, the applicant’s commander recommended the applicant’s discharge under AFR 39-21 for fraudulent enlistment.  The commander indicated that the applicant’s police record prior to entry in the Air Force would have been ample cause for further investigation by the recruiter and that observation by the applicant’s immediate superiors since his assignement showed that he was not worthy of a recommendation for waiver and retention.  The discharge authority approved the recommendation on 5 October 1949.

The applicant was discharged on 14 October 1949, under the provisions of AFR 39-21 for fraudulent enlistment, with his service characterized as undesirable.  He completed 10 months and 17 days of active service.

On 6 June 1950, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request to upgrade his discharge to honorable.

Pursuant to the Board's request, the FBI, Washington, D.C., indicated on the basis of the data furnished they were unable to locate an arrest record (Exhibit F).

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states, in part, that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  In addition, the discharge was within the sound discretion of the discharge authority.  Although the applicant has submitted a character reference, he did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  However, considering the discharge was over 52 years ago, the type of offense, and the lack of information in his records, they would recommend clemency.  If a check of the FBI files proves negative, they recommend the discharge be upgraded to general.

The AFPC/DPPRS evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he was unfairly discharged three days after being told that he was being notified that he was being discharged.  He begged for a chance to go before a review board but his request was denied.  His parents had no money to hire an attorney and he did all that he knew to get a fair hearing.  He is, and has been a good citizen and has raised two sons that have also served the military.

The applicant’s complete response, with attachments, 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 error or injustice.  In this respect, we note that while a juvenile, the applicant was arrested for burglary and released.  The applicant states that at the time of his enlistment, he marked “yes” to the question of being arrested; however, based on a favorable police department check he asked him to complete a new form and to mark “no” to the question of being arrested.  While a statement from the recruiter would be helpful in resolving this issue, since the applicant was arrested while a juvenile and was released, we do not believe he intend to fraudulently enlist.  We also recognize the adverse impact of the discharge he received; and, while it may have been appropriate at the time, we believe it would be an injustice for him to continue to suffer its effects.  In view of this, we believe the interest of justice can best be served by resolving any doubt in the applicant’s behalf. Therefore, we recommend the applicant’s records be corrected to the extent 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 14 October 1949, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered Docket Number 02-00767 in Executive Session on 11 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, undated, w/atchs .
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 28 Mar 02.

    Exhibit D.  Letter, SAF/MRBR, dated 5 Apr 02.
    Exhibit E.  Letter, Applicant, dated 22 Apr 02, w/atchs.

                                   

AFBCMR 02-00767

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 14 October 1949, he was discharged with service characterized as general (under honorable conditions).