RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03017
		INDEX CODE:  110.00, A92.22

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

At the time he was discharged he was a 21 year-old kid who made a mistake.  Since then, he has matured into a responsible adult.  

In support of his appeal, the applicant provided letters of character reference from members of his church and his employer.  

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant contracted his enlistment in the Regular Air Force on 5 Jan 1954.  He was promoted to Airman 3rd Class (A3C/E-2) with a date of rank of 17 Mar 1954.

On 7 July 1954, applicant received an Article 15 for not reporting to his place of duty on or about 2 July 1954.  Consequently he was reduced in grade to Airman Basic (AB/E-1) effective and with a date of rank of 17 July 1954.  He received a summary court-martial on 31 August 1954, for being Absent Without Leave (AWOL), 10-14 August 1954.  He was sentenced to confinement at hard labor for 15 days and forfeiture of $25.  He received a second summary court-martial on 22 December 1954, for being AWOL 12-20 November 1954.  He was sentenced to confinement at hard labor for 30 days and forfeiture of $45.  On 6 May 1957, the applicant was tried and convicted by a civil court for Carnal Knowledge.  He was sentenced to 60 days in jail and 1 year probation.

On 8 May 1957, the applicant was notified that he was being recommended for discharge due to conviction by a civil court.  He received an undesirable discharge, with service characterized as Under Other Than Honorable Conditions, on 17 May 1957 under the provisions of AFR 39-22 (Conviction by Civil Court).  He had completed a total of 3 years and 11 days (not including 122 days of lost time), and was serving in the grade of Airman 2nd Class (E-3) when discharged.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, provided a copy of an Investigation Report pertaining to the applicant, which is at Exhibit C.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial of the applicant’s request.  DPPRS states that the discharge was within the procedural and substantive requirements of the discharge regulation and that the applicant failed to provide any new evidence nor show that any errors or injustices occurred during the processing of his discharge.  DPPRS noted that the applicant did not file a timely request.  (Exhibit D)

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In addition to the letters of character reference submitted with his application, the appliant provided a letter from a member of his bible study group.  He also submitted a copy of a New Jersey Army National Guard discharge document that characterizes the his prior reserve component service (25 May 53 - 4 Jan 54) as honorable.

The applicant states that he has attended Alcoholic’s Anonymous meetings and has not drank alcohol for the past 20 years.  He is truly sorry for his actions while in the Air Force and states that he thinks about his undesirable discharge every day.  

Applicant’s complete response, with attachments, 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 not been presented to demonstrate the existence of error or injustice regarding the applicant’s request to have his discharge upgraded to honorable.  No evidence has been presented which would lead us to believe his discharge was improper or contrary to the directive under which it was effected.  Nor does the applicant allege any errors occurred.  Nevertheless, it appears that the applicant has been a responsible citizen and productive member of society since his separation, as evidenced by the post-service documentation he has provided.  Therefore, we believe an upgrade of his discharge to honorable is warranted on the basis of clemency.  Accordingly, we recommend that the records 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 17 May 1957, he was honorably discharged and furnished an Honorable Discharge certificate.

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The following members of the Board considered this application in Executive Session on 18 March 2003, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

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

     Exhibit A.  DD Form 149, dated 16 Sep 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report, dated 19 Dec 02.
     Exhibit D.  Letter, HQ AFPC/DPPRS, dtd 4 Nov 02.
     Exhibit E.  Letter, SAF/MRBR, dtd 15 Nov 02.
     Exhibit F.  Letter, AFBCMR, dtd 31 Dec 02, w/atch.
     Exhibit G.  Letter, Applicant, dtd 12 Jan 03, w/atchs.

               DEPARTMENT OF THE AIR FORCE
                                                    WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR 02-03017

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 17 May 1957, he was honorably discharged and furnished an Honorable Discharge certificate.