RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01029
		INDEX CODE:  A50.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was dealt with unfairly by his squadron commander.  He deviously crafted his letter recommending his separation in such a fashion as to intentionally mislead the discharge board to conclude that he committed more offenses than he actually had committed, thereby influencing the type of service characterization.

In support of his appeal, the applicant provided an expanded statement, supportive statements, and extracts from his military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 3 Jan 57 for a period of four years. 

Applicant’s limited military personnel records indicate that on 25 Jul 58, his commander recommended that he be ordered before a board of officers convened under the provisions of AFR 39-17 to determine whether he should be discharged from the service prior to the expiration of his term of enlistment.  The reasons for the recommended action were that on 19 Jul 57, he was brought to official attention through a letter of indebtedness.  On 2 Aug 57, he received an Article 15 consisting of two weeks’ restriction for being late for instructor training.  On 12 Aug 57, the squadron received another letter of indebtedness on the applicant.  On 27 Aug 57, he received a Summary Court for contributing to the delinquency of a minor, receiving a reduction in rank, restriction to the base for 45 days, and a forfeiture of $28.00.  On 30 Jan 58, he missed his second dental appointment and was restricted for a week.  On 1 Apr 58, he was apprehended for bringing beer on the base and for this offense he received an Article 15 consisting of two weeks of extra duty.  On 1 Jun 58, he was picked up by Air Police for wearing a mixed uniform.  On 1 Jul 58, he was late for work.  On 16 Jul 58, he failed to repair for work all day.  He was tried for this offense on 22 Jul 58 and convicted.  He was sentenced to be reduced to basic airman, restriction to the base for 30 days, and a forfeiture of $52.00.

Applicant was discharged on 8 Aug 58 under the provisions of AFR 39-17 (Unfitness) with another than honorable conditions discharge.  He was credited with 1 year, 7 months, and 6 days of active duty service.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial, indicating that based upon the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation, and was within the sound discretion of the discharge authority.  In AFPC/DPPRS’ view, the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  Additionally, he provided no facts warranting an upgrade of his discharge.

A complete copy of the AFPC/DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicated that the first seven months of his enlistment went pretty well and he was considered a sharp troop.  During the ensuing eleven months, he received two Articles 15 and two Summary Courts for such things as a letter of indebtedness, being late for duty, missing dental appointments, being out of uniform, and bringing beer on base.  He does not dispute the available record.  Before coming into the service, he had quit drinking and also cleaned up his finances.  However, while he was at instructor school at Chanute Air Force Base (AFB), his wife started running up bills back home and sent him a “Dear John” letter.  She did join him but eventually left him.  At about this time, he started drinking and could not keep up with his bills.  His drinking also interfered with him keeping up with other things, which ultimately led to his discharge.

He has been very active in Alcohol Anonymous (AA) for 38 years, with a lifestyle requiring honesty in all of his affairs.  He has no criminal history nor does he have any violations recorded on his driving records.  He has led a happy and quiet life.  The only cloud that hangs over his head is his discharge.

Applicant’s complete response, with attachments, is at Exhibit F.

A copy of the Federal Bureau of Investigation Report was forwarded to applicant on 11 Oct 02 for review and response.  As of this date, no response has been received by this office (Exhibit G).

_________________________________________________________________

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 warrant an upgrade of the applicant’s discharge solely on the basis of clemency.  The evidence of record reflects that the applicant was discharged for unfitness.  No evidence has been presented which would lead us to believe his discharge was improper or contrary to the directive under which it was effected.  However, we noted that the applicant was discharged in 1958.  In view of the passage of time, the post-service documentation provided by the applicant, and his apparent successful transition to civilian life, we believe the continued stigma of another than honorable conditions discharge is unduly harsh and no longer serves any useful purpose.  Therefore, we are of the opinion that upgrading the applicant’s discharge to general, based on clemency, would be appropriate in this case.  Accordingly, we recommend that the applicant’s other than honorable conditions discharge be upgraded to general.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 8 Aug 58, he was discharged with service characterized as general (under honorable conditions).

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-01029 in Executive Session on 7 Nov 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 13 Mar 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report.
     Exhibit D.  AFPC/DPPRS, dated 18 Apr 02.
     Exhibit E.  Letter, SAF/MRBR, dated 10 May 02.
     Exhibit F.  Letter, applicant, dated 13 Jul 02, w/atchs.
     Exhibit G.  Letter, AFBCMR, dated 11 Oct 02.

                                   

AFBCMR 02-01029

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 , be corrected to show that on 8 Aug 58, he was discharged with service characterized as general (under honorable conditions).