RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02895
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable and his grade of master sergeant be reinstated.

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APPLICANT CONTENDS THAT:

He has no other evidence to furnish, since he knows of no witnesses that would know what happened to him.  The only witness was a troubleshooter from the bank that picked up his car in Arkansas, but he passed away long ago.  During his court-martial, he had asked the military attorney to call the witness to have him testify, but he said there was no need because they were only going to reduce him one grade and that he could go back to work.  He did not even call any character witnesses, which he had plenty.

In support of his appeal, applicant provided his personal statements; a copy of his special court-martial proceedings; a copy of his letter to his Congressman, dated 13 Apr 02; a letter from his Congressman, dated 19 Jun 02; and copies of DD Forms 214, Report of Separation, dated 13 Jul 53, 25 Jul 56, and 26 Apr 57.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 18 Jul 40, applicant enlisted in the Regular Army (Air Corps/AC) in the grade of private.  He was honorably discharged on 9 Aug 45 in the grade of technical sergeant and was credited with 5 years and 18 days of active duty service.  He enlisted in the Army Air Corps on 30 Oct 45 for a period of three years.  He had continuous honorable service and was promoted to the grade of master sergeant on 1 Jun 55.  Applicant entered his last enlistment on 26 Jul 56 for a period of six years.  

On 22 Jan 57, applicant was convicted by Special Court-Martial for being absent without leave (AWOL) from 4 Nov to 22 Nov 56.  His punishment consisted of a reduction in grade to airman first class and 90 days of confinement at hard labor (CHL).  

On 22 Apr 57, applicant applied for a hardship discharge for financial reasons, under the provisions of AFR 39-13.  The Asst Adjutant approved his application on 23 Apr 57.  On that same date, the unexecuted portion of the CHL was remitted.

On 26 Apr 57, he was discharged under the provisions of AFR 39-13, SDN 227, by reason of hardship, with service characterized as general under honorable conditions.  He was credited with 7 months, and 15 days active service (excludes 48 days of lost time due to AWOL and confinement).  Applicant’s total service for pay was 16 years, 5 months, and 5 days.  His grade at the time of discharge was airman first class, with an effective date and date of rank of 26 Mar 57.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS found that the discharge was consistent with the procedural and substantive requirements of the discharge regulation in effect at the time.  Additionally, that 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.  However, based on his past honorable wartime service and if he was separated today for the same reason, “Hardship,” he would receive an honorable discharge.  They would not be opposed to upgrading his characterization if a search of the FBI file does not reveal any subsequent convictions.  

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a personal statement explaining the events which took place during his military career and since leaving the service.  He described his professional as well as personal family accomplishments.  In support of his appeal, he submitted several documents to substantiate his accomplishments since leaving the service, along with letters of character reference and a copy of a previous request for enlistment (during the 1960 timeframe) to his Congressman.

Applicant’s complete submission is at Exhibit G.

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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 an injustice.  In this regard, we note that the applicant was convicted by Special Court-Martial for being absent without leave (AWOL) for 18 days.  In view of the circumstances surrounding applicant’s absence from duty, the majority of the Board believes that his reduction from the grade of master sergeant to airman first class is unduly harsh.  It appears that the applicant went AWOL because his family, wife and nine children, were having financial problems and his wife’s health was not good.  While we do not condone his misconduct, the majority of the Board believes that under the circumstances, his reduction in grade was harsh.  Therefore, the majority of Board recommends that so much of the punishment, as pertains to his reduction in grade, be set aside.

4.  Applicant has also requested that his discharge be upgraded to honorable.  Prior to the period of service under review, we note he had five previous enlistments for which he received honorable discharges and had served during WWII and the Korean War.  The Air Force, in response to the applicant’s request, states that if he was separated today for the same reason, “Hardship,” he would receive an honorable discharge and, based on his prior honorable wartime service, they are not opposed to upgrading his discharge.  After reviewing applicant’s overall record of service and based on the fact that under today’s standards he would receive an honorable discharge, we recommend approval of his request for an upgrade of his discharge.

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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:

a. Set aside so much of the punishment of Special Court Martial Order No. --, dated 18 April 1957, Headquarters, Crew Training Air Force, (ATC), Randolph AFB TX, as pertains to his reduction from master sergeant to airman first class.

b. Show that on 26 April 1957, he was honorably discharged in the grade of master sergeant and furnished an Honorable Discharge Certificate.

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The following members of the Board considered AFBCMR Docket Number BC-2002-02895 in Executive Session on 7 May 2003, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

All members of the Board voted to grant the applicant’s request to have his general under honorable conditions discharge upgraded to honorable.  The majority of the Board voted to discharge the applicant in the grade of master sergeant.  Mr. Diamond voted to deny the applicant’s request to have the grade of master sergeant reinstated.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 2 Sep 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report of Investigation.
     Exhibit D.  Letter, HQ AFPC/DPPRS, dated 10 Oct 02.
     Exhibit E.  Letter, SAF/MRBR, dated 18 Oct 02.
     Exhibit F.  Letter, AFBCMR, dated 7 Jan 03, w/atchs.
     Exhibit G.  Letter, Applicant, dated 20 Jan 03, w/atchs.

                                   

AFBCMR BC-2002-02895

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:

a.	  Set aside so much of the punishment of Special Court Martial Order No. --, dated 18 April 1957, Headquarters, Crew Training Air Force (ATC), Randolph AFB, Texas, as pertains to his reduction from master sergeant to airman first class.

	b.  Show that on 26 April 1957, he was honorably discharged in the grade of master sergeant and furnished an Honorable Discharge Certificate.