RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-02318

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to an honorable discharge, or in the alternative, a general (under honorable conditions) discharge.

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THE APPLICANT CONTENDS THAT:

The disciplinary action taken against him (i.e., 30 days in the stockade, reduction in grade & a UOTHC) was too severe.

The applicant states that when he went Absent Without Leave (AWOL), he was 21 years old and was not thinking of the consequences of his actions.  Prior to that point, he planned on a career in the Air Force.  He was under a lot of stress at the time and was suffering from depression over his family.  In this respect, he notes that his father was beaten requiring brain surgery.  It took over a year for his father to regain his memory and to be able to care for himself.  His mother was having financial problems.  He attempted to get a 10-day leave, which was denied.  He then requested a 3-day pass, which was also denied.  He then requested time-off, which was denied.  He felt his only alternative was to take time-off and later voluntarily return to military control.  This was the only trouble he got in and had previously been awarded the Good Conduct Medal.

In support of his appeal, the applicant submits his personal statement and two statements from past employers.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 9 February 1955, for a period of four years.

On 8 August 1957, the applicant was honorably discharged and reenlisted in the Air Force on 9 August 1957, for a period of six years.

From 17 September 1958 to 20 September 1958 (4 days), the applicant was in an AWOL status.

On 23 September 1958, the applicant was found guilty by a Summary Court-Martial of violating Article 86 (AWOL) of the Uniform Code of Military Justice (UCMJ) during the period 17 September 1958 to 20 September 1958.  He was sentenced to reduction in grade to basic airman and forfeiture of $50.00 dollars.

From 16 April 1959 to 27 April 1959 (12 days), the applicant was in an AWOL status.

On 29 April 1959, the applicant was found guilty by a Summary Court-Martial of violating Article 86 (AWOL) of the Uniform Code of Military Justice (UCMJ) during the period 16 April 1959 to 27 April 1959.  He was sentenced to 30 days confinement at hard labor and forfeiture of $50.00 dollars.

From 29 April 1959 to 24 May 1959 (25 days), the applicant was placed in confinement at hard labor.

On 5 June 1959, the applicant was discharged under the provisions of AFR 39-17 (Unfitness), with service characterized as UOTHC, and was issued an undesirable discharge certificate.  He completed a total of 4 years, 2 months, and 21 days of active service, with 41 days of lost time (4 days AWOL from 17 September 1958 to 20 September 1958, 12 days AWOL from 16 April 1959 to 27 April 1959, and 25 days confinement from 29 April 1959 to 24 May 1959).

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, was requested to provide an investigative report; however, they indicated that on the basis of the data furnished they were unable to locate an arrest record.

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AIR FORCE EVALUATION:

AFPC/DPPRS states, in part, that due to the lack of documentation to support the discharge, the applicant’s young age at the time, and since the incident occurred over 40 years ago, they recommend the applicant’s discharge be upgraded to general (under honorable conditions) if a search of the FBI files does not reveal any subsequent convictions.

The AFPC/DPPRS evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 20 September 2002 for review and response within 30 days.  However, 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.  We find no impropriety in the characterization of applicant’s discharge.  It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that applicant was not afforded all the rights to which entitled at the time of discharge.  Considered alone, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.

4.  Consideration of this Board, however, is not limited to the events which precipitated the discharge.  We have a Congressional mandate which permits consideration of other factors; e.g., applicant’s background, the overall quality of service, and post-service activities and accomplishments.  Further, we may base our decision on matters of equity and clemency rather than simply on whether rules and regulations which existed at the time were followed.  This is a much broader consideration than officials involved in the discharge were permitted, and our decision in no way discredits the validity of their determination.

5.  Under our broader mandate and after careful consideration of all the facts and circumstances of applicant’s case, we are persuaded that applicant has overcome the behavioral traits which led to the contested discharge and has been a productive member of society.  We recognize the adverse impact of the discharge applicant received; and, while it may have been appropriate at the time, we believe it would be an injustice for applicant to continue to suffer its effects.  Accordingly, we find that corrective action is appropriate as a matter of equity and on the basis of clemency to warrant upgrading his discharge to general (under honorable conditions).

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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 5 June 1959, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered Docket Number BC-2002-02318 in Executive Session on 13 February 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 16 Jul 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 16 Sep 02.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Sep 02.
	Exhibit E.  Letter, FBI Response, dated 26 Sep 02.