ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02579
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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STATEMENT OF FACTS:

During the time period in question the applicant enlisted in the Regular Air Force on 1 June 1961 in the grade of airman first class for a period of four (4) years.

In September 1962 the applicant was convicted by the State of Maine for having carnal knowledge of a female child between the age of 15 and 16 years.  He was sentenced to, not less than one, but not more than two years at hard labor.

On 19 December 1962, he was discharged with an under other than honorable conditions (UOTHC) discharge under the provisions of AFR 39-22 (Misconduct-Civil Court Conviction), in the grade of airman first class.  He served 1 year, 6 months and 19 days this enlistment and 11 years, 6 months, and 19 days of total active service with 77 days lost time.

On 22 October 2002, the Board considered and denied the applicant’s request to upgrade his UOTHC discharge to an honorable discharge.  A complete copy of the Record of Proceedings, with attachments, is at Exhibits A-D.

On 23 October 2003, the Board requested the applicant provide post-service documentation and requested a Federal Bureau Investigation (FBI) report.

As of this date, no response has been received by this office in reference to post-service documentation.  However, the FBI report was received and it appears that there is nothing on the applicant’s report since discharge (Exhibit F).

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THE BOARD CONCLUDES THAT:

Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  The Board considered the applicant’s request for upgrade of his discharge and recommended denial.  However, we indicated that if he provided post-service documentation and a check of the Federal Bureau of Investigation (FBI) proved clean we would reconsider his request.  Applicant has not provided documentation reflecting upon his accomplishments and character since his discharge from the Air Force.  However, the FBI report has one conviction, which was at the time of his discharge from the Air Force.  After reviewing this, we are persuaded that the applicant’s discharge should be upgraded.  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.  Accordingly, we find that corrective action is appropriate as a matter of equity and on the basis of clemency.  The applicant’s request for a fully honorable discharge was considered; however, based on the applicant's overall quality of service, the events which precipitated the discharge, and the fact that the applicant has not provided information of his post-service activities and accomplishments, we do not believe that any further clemency is warranted.  Therefore, we recommend his record be corrected as indicated 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 19 December 1962, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered AFBCMR Docket Number 02-02579 in Executive Session on 18 December 2002, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit E.  Record of Proceedings, dated 23 October 2002, 
               w/atchs.
   Exhibit F.  FBI Report.

			

AFBCMR 02-02579

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 on 19 December 1962, he was discharged with service characterized as general (under honorable conditions).