RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  0202418

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded so he can be buried in a national cemetery.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was in trouble in the Air Force because of his drinking.  However, he has been sober without a drink for 28 years--thanks to AA and the grace of God.

In support of his application, the applicant submits a copy of his DD Form 214.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 28 May 54 for a period of 4 years.  0n 29 Aug 57 under the provisions of AFR 39-17 (unfitness) he received an undesirable discharge.  He served 3 years, 8 months, and 29 days of total active service.  

The applicant received a special court-martial on 27 Jul 56 and was found guilty of willfully and wrongful exposing his penis in an indecent manner to public view on 31 Mar and 18 Jun 56.  He received 4 months confinement and fined $260.  On 16 Jun 57, he was apprehended by civil authorities for indecent exhibition in a public place.  On 21 Jul 57, a summary court-martial confined the member at hard labor for 30 days with a $50 fine.  On 2 Jul 57, the applicant's commander notified him that he was being discharge for amoral traits and repeated offenses.

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 states that the applicant did not identify any specific errors in the discharge processing.  However, considering the discharge occurred 45 years ago, and considering his otherwise honorable service, his young age, the reason for discharge action and his departure from drinking, DPPRS recommends clemency.  If a check of the Federal Bureau of Investigation files proves negative, we recommed the discharge be upgraded to under honorable conditions (general).  He did not file a timely request.

AFPC/DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant's sister reviewed the Air Force Evaluation and the FBI report and stated that her brother has always loved his country and the Air Force.  He has always regretted what happened in his past.  He has devoted 28 years helping others to change their lives and she is asking the Board please, as his sister to ask for a quick review and allow her brother to be buried in the Veteran's Cemetery at Crownsville, Maryland before he passes away.  He knows that because he has been released from his doctor and hospice is involved, his days may not be many and as she asked above, she would like for him to know he can be buried there.  It would be so important to him to know he could be buried there.  This is a wish that he has stated to his family.  His wish is that he could be buried in the Veteran's Cemetery and this is why his wife began attempting to ask for a reconsideration of his military record.  She called this office for help to get information and documentation to help reconsider his case for clemency.  She is asking the Board to please consider clemency for him and allow his burial in the Veteran's Cemetery.  She also submitted letters of recommendation from neighbors and friends.  

Applicant's sister complete response is at Exhibit F

_________________________________________________________________

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 reviewing the applicant’s military service record, we are persuaded that partial relief is appropriate on the basis of clemency.  In this respect, we are in agreement with the opinion and recommendation of the appropriate Air Force office, HQ AFPC/DPPRS, that considering the known facts of his discharge and the fact that his FBI report indicates no adverse information over the past 40 years, his discharge should be upgraded to general.  However, in view of his overall record of service, we are not persuaded that further upgrade of his discharge to fully honorable is warranted.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 29 August 1957, he was discharged with service characterized as general (under honorable conditions). 

_________________________________________________________________

The following members of the Board considered Docket Number 02-02418 in Executive Session on 6 November 2002, 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 20 Jul 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	FBI Report, dated 5 Sep 02.
	Exhibit D.	Letter, AFPC/DPPRS, dated 16 Aug 02.
	Exhibit E.	Letter, SAF/MRBR, dated 30 Aug 02.
	Exhibit F.	Applicant's Response, dated 9 Oct 02.

                                   

AFBCMR 02-02418

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 APPLICANT, be corrected to show that on 29 August 1957, he was discharged with service characterized as general (under honorable conditions).