RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02059
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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This application for correction of the records of [former member] was submitted by (Widow).

APPLICANT REQUESTS THAT:

Her late husband's general discharge be upgraded to an honorable discharge.
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APPLICANT CONTENDS THAT:

Her late husband served his country honorably for almost three years. She is not seeking VA benefits - she simply wants his record to be honorable.

In support of her request, the applicant submits a personal statement and additional documents associated with the issues cited in her contentions.  The applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The former member contracted his enlistment in the Army Air Corps in the grade of private on 23	 Nov 42.  He was progressively promoted to the grade of corporal (effective date and date of rank are unknown).  The applicant was reduced to the grade of private for being absent without leave (AWOL), during the period 4-6 Jan 45, per Special Order No. 8, dated 9 Jan 45.

On 3 Jan 45, the applicant was recommended for discharge based on the opinion of the Chief of the Neuro-psychiatric Section that the former member was unfit for military service.  On 27 Feb 45, the applicant met a Board of Officers to determine whether or not the former member should be discharged prior to expiration of his term of service.  The Board of Officers recommended the applicant be discharged from the service for habits and traits of character which render his retention in the service undesirable.  He received an other than honorable conditions discharge on 23  Aug 45 under the provisions of AR 615-368 (unfitness - not eligible for reenlistment, induction or reinduction).  He had completed a total of 2 years, 9 months and 1 day and was serving in the grade of private at the time of discharge.

The former member's request for upgrade of his discharge from under other than honorable to honorable was considered by the Air Force Discharge Review Board (AFDRB) on 26 Jul 82.  The AFDRB concluded that the applicant's overall quality of service was more appropriately reflected by a discharge under honorable conditions (general) discharge.  The former member's discharge was upgraded to general, effective 23 Aug 45, per Title 10, USC 1553 (Directed by the Secretary of the Air Force).  A copy of the AFDRB Hearing Record is appended at Exhibit C.
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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied.  DPPRS indicated that, at the time the Air Force Review Board upgraded the former member's discharge to general, they stated that "further upgrade of the discharge was not appropriate because his records reflect extensive, though minor, acts of misconduct. Although applicant's personality disorder explains the acts of misconduct, it did not excuse them."  DPPRS stated that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  Additionally, the applicant provided no facts warranting a change in the former member's discharge.  The HQ AFPC/DPPRS evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and provided a copy of her late husband's eulogy.  The applicant's complete submission, with attachment, is at Exhibit F.
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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.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  We note that the Air Force Discharge Review Board (AFDRB) upgraded the characterization of the former member’s discharge to under honorable conditions (general) due to his overall quality of service.  However, AFDRB did not believe that further upgrade was appropriate because of his extensive acts of misconduct.  The majority of the Panel noted that no persuasive evidence was provided showing the information in the discharge case file was erroneous, that the former member’s substantial rights were violated, or that the former member’s commanders abused their discretionary authority.  In addition, the former member’s post-service documentation, provided in support of his AFDRB appeal, was noted.  The former member’s efforts since his discharge were commendable; however, the majority of the Panel is not persuaded that the documentation is sufficient to overcome the applicant’s misconduct which, ultimately, resulted in his discharge.  It is the opinion of the majority of the Panel that the applicant has submitted no convincing evidence warranting further remedy beyond that already afforded the former member by the AFDRB.  While the majority of the Panel is not unsympathetic toward the former member’s family, in view of the above, the majority of the Panel finds no basis on which to favorably consider this application.
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RECOMMENDATION OF THE BOARD:

A majority of the Panel finds insufficient evidence of error or injustice and recommends the application be denied.
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The following members of the Board considered this application in Executive Session on 27 August 2002, under the provisions of AFI 36-2603:

Messrs. XXX and XXX voted to deny the applicant's request.  Ms. XXXX voted to grant the applicant’s request but did not desire to submit a minority report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 8 Apr 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  AFDRB Hearing Record, dated 21 Jul 82.
   Exhibit D.  Letter HQ AFPC/DPPRS, dated 2 Jul 02.
   Exhibit E.  Letter, SAF/MRBR, dated 19 Jul 02.
   Exhibit F.  Letter from Applicant, dated 24 Jul 02, w/atch.

                                   Panel Chair 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
			   CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:   -- (DECEASED, --, Docket No:  02-02059

	I have carefully considered all the aspects of this case and agree with the minority member of the panel that the applicant’s request for upgrade of her late husband’s discharge should be approved.

	After reviewing the evidence presented, I believe that approval of the requested relief is warranted based on clemency.  The record reveals that, in 1982, the Air Force Discharge Review Board (AFDRB) found that the former member should have been discharged as unsuitable. Therefore, the AFDRB upgraded the former member’s discharge to general due to the overall quality of his service.  In addition, substantial evidence has been provided to indicate that, subsequent to his separation, the former member was a productive and valued member of his community.  These supporting documents make no excuses for the former member’s past conduct while in the military service.  They do, however, indicate that he had led an exemplary life in the civilian sector since his discharge.

	I am convinced that the former member’s impeccable post-service conduct over an extensive period of time is sufficient reason to approve an upgrade based on clemency.  I therefore agree with the minority member of the panel and direct that the former member’s under honorable conditions (general) discharge be upgraded to an honorable discharge.

                                                                        	Director
                                                                        	Air Force Review Boards Agency

AFBCMR 02-02059

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 [former member] (Deceased), --, be corrected to show that, on 23 August 1945, he was honorably discharged and furnished an Honorable Discharge certificate.

							
							Director
							Air Force Review Boards Agency