RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-02854
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable.
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APPLICANT CONTENDS THAT:

He came from a broken home with a very abusive stepfather.  As a result, he left home when he was 15 years old.  He had to raise himself and was young and foolish, with no one to guide him in the right direction.

In support of his appeal, applicant submitted a personal statement; a copy of his DD Form 214; and letters from a friend and an employer.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 30 August 1951 for a period of four years, in the grade of private (AB/E-1).

Applicant received character and efficiency ratings of excellent from 13 Nov 51 – 1 Dec 51; from 4 - 10 Feb 52, and 28 Apr 52, character and efficiency ratings were excellent; 16 Jun 52, character rating was very good and his efficiency rating was excellent; 1 Jan 53, his character rating was good and his efficiency rating was satisfactory; 27 Mar - 7 Apr 53, his character and efficiency ratings were excellent; 1 Jan 54, his character rating was very good and his efficiency rating was excellent; and from 1 Jan 54 - 17 Jan 54 his character and efficiency ratings are unknown.

On 15 Jul 52, applicant was convicted by Summary Court-Martial for failure to go at the time prescribed to his appointed place of duty on or about 7 Jul 52.  He was sentenced to a reduction to the grade of airman basic, restriction to the limits of the base for one month and forfeiture of $30.

On 29 Aug 52, applicant was convicted by Summary Court-Martial for being disorderly in his uniform in a public place on or about 27 Aug 52.  He was sentenced to confinement at hard labor (CHL) for 30 days and forfeiture of $50.

On 18 Jan 54, applicant was released from active duty and transferred to the Air Force Reserve under the provisions of AFR 39-14, with a general, under honorable conditions, discharge.  He was credited with 2 years, 3 months, and 11 days active service (excludes 38 days of lost time due to three periods of confinement).

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 3 December 2002, that, on the basis of data furnished, they were unable to locate an arrest record (Exhibit C).

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this application and recommended denial.  Based on the limited documentation in the applicant’s file, they found that the discharge was consistent with the procedural and substantive requirements of the discharge regulation in effect at the time of his discharge.  Additionally, the discharge was within the sound discretion of the discharge authority.  They also noted that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing nor did he provide any facts warranting an upgrade of his discharge.

The complete Air Force evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a personal statement summarizing his accomplishments since leaving the service.

Applicant’s complete response 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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The discharge appears to be in compliance with the governing regulations and we find no evidence to indicate that the applicant’s separation from the Air Force was inappropriate or that the characterization of the discharge was inappropriate to the existing circumstances.  Nevertheless, the majority of the Board believes that relief is warranted.  Although the majority of the Board does not condone the behavior that led to the applicant’s courts-martial and subsequent discharge, they believe it would be an injustice for him to continue to suffer the adverse effects of the discharge he received over 49 years ago.  As evidenced by the negative FBI Report and the letters of character reference submitted in his behalf, it appears that he has been a productive member of society and has overcome his indiscretions.  Therefore, the majority of the Board finds that an upgrade of the characterization of his discharge to honorable is warranted on the basis of clemency.  Accordingly, the majority of the Board recommends that the applicant’s records be corrected as indicated below.

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RECOMMENDATION OF THE BOARD:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 18 January 1954, he was honorably discharged and furnished an Honorable Discharge Certificate.

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The following members of the Board considered AFBCMR Docket Number 02-02854 in Executive Session on 18 March 2003, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

By a majority vote, the members voted to upgrade the applicant’s discharge to honorable.  Mr. Russell voted to deny the request and did not desire to submit a minority report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 1 Sep 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report of Investigation.
     Exhibit D.  Letter, HQ AFPC/DPPRS, dated 24 Sep 02.
     Exhibit E.  Letter, SAF/MRBR, dated 4 Oct 02.
     Exhibit F.  Letter, Applicant, dated 25 Jan 03.