RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-01770
							INDEX CODE:  110.02
								COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded to honorable or general.

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APPLICANT CONTENDS THAT:

He was not a disobedient airman until he was on main gate duty at Kadena AFB, Okinawa and saw bars outside the base.  When he was off duty, he went to one of the bars instead of going to Old Koza where black military personnel frequented.  Some white airmen, with the ringleader being an air policeman, assaulted him in his barracks.  He got the police to stop them but his commander said he was wrong.  

He was in the --- Army National Guard and altered his age to join when he was 15 years old.  He attended Army basic training at Ft Leonard Wood, MO and Artillery training at Camp Chaffee, AK before receiving his release papers to join the United States Air Force.  

He made a very grave error in judgment due to the covert and overt racism prevailing in 1958.  He was 18 years old, an American of African descent born in the Mississippi Delta and thought he was standing up for Americans of African descent.  

In support of his request, he submits a copy of his Basic Air Police Course Certificate, an assignment order and a copy of his special court-martial and discharge orders. 

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

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STATEMENT OF FACTS:

On 16 April 1957, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1).  

On 11 June 1958, he was charged with dereliction in the performance of his duties.  For this incident, he was tried and convicted by a summary court-martial.  He was sentenced to be confined at hard labor for thirty (30) days and to forfeit thirty dollars ($30) of his pay.  

On 23 September 1958, the applicant was tried by a special court-martial for violation of Article 134, Assault, on or about 5 August 1958, and Article 86, Failure to go at the time prescribed, to his appointed place of duty, on or about 19 August 1958.  He pled not guilty, was found guilty and was sentenced to be discharged with a bad conduct discharge, to be confined for six months, and to forfeit fifty-five ($55) dollars for six months.

The applicant was discharged with a bad conduct discharge on 6 March 1959.  He had served 1 year, 4 months and 2 days on active duty.  He had 203 days lost time due to confinement.

Pursuant to the Board’s request, the FBI provided a copy of an Investigative Report, No. ---, which is at Exhibit E.

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AIR FORCE EVALUATION:

AFPC/DPPRS states that the applicant provided no facts warranting an upgrade of his discharge.  Based upon the documentation on file, DPPRS believes the discharge was consistent with procedural and substantive requirements of the discharge regulation.  If a check of the Federal Bureau of Investigation files proves negative, DPPRS recommends the discharge be upgraded to under honorable conditions (general).

The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 September 2002, applicant provided a personal statement and documents pertaining to his pre and post-service activities.  The applicant's response is at Exhibit F. 

On 9 July 2002, a letter was forwarded to the applicant suggesting that he consider providing evidence pertaining to his post-service activities.  As of this date, this office has received no response (Exhibit G).  

On 18 July 2002, a copy of the FBI report was forwarded to the applicant for review and comment.  On 13 July 2002, applicant responded to the FBI report by addressing the four civilian arrests and attesting that these are the only arrests he has ever received in civilian life.  After his discharge from the Air Force he worked a variety of jobs until 1978 when he was employed at a firm where he worked for 18 years as an assembler and as a spray painter.  When his wife died in 17 January 1996 of a heart attack, he left and got his pension.  In 1998, he went to work at another company until he was laid off due to the ripple effect of 11 September 2001.  He is not currently working but is attending school to be a computer operator.  The applicant’s response is at Exhibit H.

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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.  After a thorough review of the evidence of record we see no evidence to show that the applicant’s discharge was erroneous or unjust.  However, we believe correction action is appropriate on the basis of clemency.  We recognize the adverse impact of the discharge the applicant received; and while it may have been appropriate at the time, we believe it would be an injustice for the applicant to continue to suffer its effects.  In consideration of the applicant’s age, apparent immaturity at the time of his enlistment, the documents pertaining to his current educational endeavors, and the unfortunate existence of discrimination during the period of his enlistment, we believe that corrective action is appropriate as a matter of equity and on the basis of clemency.  However, we do not believe upgrading the applicant’s discharge to honorable is appropriate based on the short period of time the applicant served and because of the inordinate amount of time lost to the government.  

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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 6 March 1959, 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 30 October 2002 under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

The following documentary evidence for AFBCMR Docket Number 02‑01770 was considered:

     Exhibit A.  DD Form 149, dated 22 May 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 7 Jun 02.
     Exhibit D.  Letter, SAF/MRBR, dated 14 Jun 02.
     Exhibit E.  FBI Report, dated 21 June 02.
     Exhibit F.  Letter, Applicant, dated 24 Sep 02, w/atchs.
     Exhibit G.  Letter, AFBCMR, dated 9 Jul 02.
     Exhibit H.  Letter, Applicant, dated 13 Jul 02.

                                  
                                  Panel Chair

AFBCMR 02-01770

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 XXXXXXXXXXXX, be corrected to show that on 6 March 1959, he was discharged with service characterized as general (under honorable conditions).  

                                                                          
                                                                          Director
                                                                          Air Force Review Boards Agency