RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01387
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under other than honorable condition (UOTHC) discharge be upgraded to an honorable.

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APPLICANT CONTENDS THAT:

He was only 17 years of age when he entered the Air Force.  He supposes in the eyes of his superior, and, as a fact, he was rather immature.

In support of the appeal, applicant submits a copy of his DD Form 293, a copy of an official report of test results, a character reference, a copy of his DD Form 214 and service records (13 pages), a copy of employment - Security Guard records (7 pages) a personal statement, a letter from his wife, a copy of CCBI information, a copy of the Order of the Long Leaf Pine, a copy of Memorandum from Department of Corrections,  a copy of his AFDRB Brief, a copy of 8 awards and training certificates, and a photocopy of his drivers license.

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

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STATEMENT OF FACTS:

Applicant enlisted in Regular Air Force on 23 March 1955, in the grade of airman basic.  He was promoted to the grade of airman first class (E-2) on 14 July 1955. 

The applicant’s discharge case file has been lost or destroyed.  The following information was extracted from a brief prepared by an Air Force Discharge Review Board examiner on 5 March 1959.  On 10 February 1956, the applicant’s commander notified the applicant that he was recommending he be separated under the provisions of AFR 39-17 (Unfitness) because of an unacceptable behavior pattern on frequent occasions.  He had been court-martialed for failing to go to his appointed place of duty on 2 December 1955.  He was confined at hard labor for 30 days, reduced to airman basic and was ordered to forfeit $30.00.  He was again court-martialed for failing to go to his appointed place of duty on 5 December 1956.  He was confined at hard labor for 15 days and ordered to forfeit $35.00.  In addition, the applicant was punished via nonjudicial proceedings on four occasions for failure to repair (three instances) and fighting on duty on one occasion. 

On 10 February 1956, the applicant requested separation under AFR 39-17 in lieu of board proceedings.  His case file was reviewed by a staff judge advocate and, a medical board determined that he possessed no medical or physical defects requiring separation under the provisions of AFM 35-4.  It appears that the discharge was approved on 24 March 1956.

The applicant, while serving in the grade of airman basic, was separated from the Air Force on 30 March 1956 under the provisions of AFR 39-17 (Unfitness) with an Under Other Than Honorable Conditions (UOTHC) discharge.  He had served 10 months and 29 days on active duty.  Time lost was 40 days due to confinement.

On 10 March 1959, the applicant’s request for an honorable discharge and a waiver to reenlist was considered and denied by the Air Force Discharge Review Board.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated on the basis of the data furnished they were unable to locate an arrest record (Exhibit C).

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AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority.  The Air Force Discharge Review Board denied the applicant’s upgrade request to reenlist on 20 March 1959.  The applicant did not identify any specific errors in the discharge processing.  However, considering the discharge occurred over 46 years ago, the type of offenses, and his age at that time, they recommend clemency.  If a check of the Federal Bureau of Investigation files proves negative, they recommend the discharge be upgraded to under honorable conditions (general).

A complete copy of the evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 July 2002, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, this office has received no response.

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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 an injustice.  Although no evidence has been provided which would lead us to believe the applicant’s discharge was improper at the time it was effected, we believe evidence supports a recommendation for partial relief based on clemency.  It appears that subsequent to his separation, the applicant has been a productive member of society.  In view of this fact and the applicant’s youth and apparent immaturity at the time he served, we believe that the continued imposition of the undesirable discharge no longer serves any useful purpose and that his service characterization should be characterized as “under honorable conditions.”  We are not inclined to favorably consider the applicant’s request for a fully honorable discharge based on the short period of time he served before he began to commit the infractions which led to his separation; a period of only five months.  Accordingly, it is our opinion that the applicant’s records should be corrected to the extent recommended 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 30 March 1956, 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 19 March 2003, 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 17 Jun 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 26 Jun 02.
   Exhibit E.  Letter, SAF/MRBR, dated 3 Jun 02.

                                   

AFBCMR BC-2002-01387
INDEX CODE:  110.00

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 30 March 1956, he was discharged with service characterized as general (under honorable conditions).