RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03230
		INDEX CODE:  110.02
		COUNSEL:  
		HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was in a culture where travel claims for wives to return home were often being made by members who were on indefinite TDY.  It was frequently done that even enlisted personnel in the pay office regarded it as routine.  He made such a claim.  He knew it was wrong.  In order for him to avoid court-martial, he resigned from the service knowing it would be under other than honorable conditions.  After his resignation, the Secretary determined to reduce the punishment on another similar case, to a minor fine and a reprimand.  However, this was done after he had resigned.  No other member suffered the punishment leveled upon him despite the numerous similar cases.  

In support of his request, he submits counsel’s statement with Exhibits 1-14. 

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records were lost or destroyed and efforts at reconstruction have been, for the most part, unsuccessful.  The following is the only known information pertaining to the applicant's service and was extracted from the partially reconstructed record and from documents provided by the applicant.

On 3 March 1954, the Air Force Discharge Review Board denied his request for a discharge upgrade.

According to the Federal Bureau of Investigation Report dated 27 November 2002, the applicant has had no convictions since his discharge.  
The remaining relevant facts pertaining to his discharge are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.  

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that the applicant was facing a possible court-martial for submitting a false travel claim.  Applicant admitted that he falsified a travel voucher and collected $198.56 reimbursement for travel of his dependents that they did not accomplish.  He requested to be discharged for the good of the service and understood he could receive an UOTHC.  DPPRS believes the discharge was consistent with procedural and substantive requirements of the discharge regulation.  However, if a check of the Federal Bureau of Investigation files proves negative, DPPRS recommends the discharge be upgraded to general.

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel reiterates that the offense committed by the applicant was also committed by other military members within his command.  Thirty-nine of those officers were investigated.  One case led to a court-martial prosecution; however, when the Secretary of the Air Force considered the conviction of the court-martialed officer, he commuted that sentence to $300 loss in pay.  Counsel disagrees with the quantum of relief being recommended.  He states that the applicant seeks an honorable discharge, the same category of discharge that his contemporaries who committed the same offense received.    

The counsel’s letter with the applicant’s personal statement is at Exhibit E.

_________________________________________________________________

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 warranting upgrading of his discharge to general, under honorable conditions.  We note that the applicant contends, in part, that others, who committed the similar offense as he, were fined and allowed to continue their careers; however, he has failed to provide evidence to substantiate his allegation.  However, regardless of the other individuals, it appears that the applicant chose to resign in lieu of facing a court-martial.  Therefore, his case is, in our opinion, different than those who chose to stay and fight the offense(s).  In view of the above and in the absence of evidence showing that he was forced to resign, we do not believe that he has been the victim of an injustice.  The only other basis upon which to consider an upgrade of his discharge is based on clemency.  After noting the comments provided by the Air Force and in view of his apparent excellent post-service record, we believe that his discharge should be upgraded to general, under honorable conditions.

4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that, on 20 December 1952, he was discharged with service characterized as general (under honorable conditions).  

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 26 March 2003 under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 25 Sep 02, w/atchs.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 24 Oct 02.
     Exhibit D.  Letter, SAF/MRBR, dated 1 Nov 02.
     Exhibit E.  Letter, Counsel/Applicant, dated 25 Nov 02.

AFBCMR 02-03230

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 XXXXXXXX, be corrected to show that at the time of his discharge on 20 December 1952, he was discharged with service characterized as general (under honorable conditions).