RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03470 (Case 2)
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general discharge be upgraded to an honorable discharge.
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APPLICANT CONTENDS THAT:

He made a great mistake at the time and is sorry for it.  He just got mixed up with the wrong guys and did not recognize it.

Three years after his discharge from the Air Force, he joined the Marine Corps Reserve (1952 - 1955).  Following his honorable discharge from the Reserve of the Marine Corps, he went into the Merchant Marines on 17 Feb 56.

He has been married for 46 years, has no police record and has a perfect driving record.

In support of his request, the applicant submits a personal statement, a copy of a letter of appreciation, dated 26 Jan 49, and a copy of his honorable discharge certificate from the Reserve of the Marine Corps.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Army Air Force (AAF) on 22 Jul 46 for a period of 3 years.

On 5 May 48, applicant was tried before a general court-martial at Wright-Patterson AFB.  He was found guilty of the following charges:  (1) On or about 1 Apr 48, in violation of the 94th Article of War - “feloniously take, steal, and carry away” an A-2 flying jacket, a value of about $8.15; and, (2) On or about 1 Apr 48, in violation of the 96th Article of War - “feloniously receive, have and conceal” an A-2 flying jacket, a value of about $8.15, and a pair of green gabardine summery flying coveralls, a value of about $12.88.  On 17 Jun 48, the applicant was sentenced to confinement at hard labor for three months and forfeiture of $25.00 per month for a like period.  The sentence was approved by the convening authority on 4 Aug 48.

The applicant was in confinement from 29 Apr 48 to 19 Aug 48 and he was Absent Without Leave (AWOL) from 24 Aug 48 to 25 Aug 48 for a total of 115 days of lost time.

He received a general discharge on 16 Nov 49 under the provisions of AFR 39-10 (expiration term of service [ETS]).  He had completed a total of 3 years, 3 months and 24 days and was serving in the grade of private first class at the time of discharge.  Applicant’s highest grade held was as a private first class.

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

Information extracted from the Personnel Data System (PDS) reveals that in 1990, applicant applied to the Air Force Board for Correction of Military Records (AFBCMR) for upgrade of his discharge.  His application was denied as untimely by the Board on 5 Oct 90, Docket Number 90-01962.  The applicant’s subsequent reconsideration requests were denied on 21 Oct 94, 7 Nov 95, 22 Sep 98, 21 Oct 98 and 8 Nov 01.  The applicant’s case file for Docket Number 90-01952 is unavailable for review at this time.
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AIR FORCE EVALUATION:

HQ AFPC/DPPRS states that this case has been reviewed for separation processing and there are no errors or irregularities causing an injustice to the applicant.  The separation complies with directives in effect at the time of his discharge.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no other facts warranting an upgrade of the discharge.  However, under current directives, members who are separated on their ETS are given honorable discharges.  Since the incident occurred more than 50 years ago, DPPRS would not be opposed to changing the applicant’s characterization of discharge to honorable if a check of the FBI files proves negative.  The HQ AFPC/DPPRS evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and the FBI report and provided an explanation of the FBI charges.  Specifically, the charge of auto larceny, he did not know the car was stolen when his friends came to pick him up and he drove the car.  The theft by contractor charge was dismissed as he did not steal anything.  As to the issue of worthless checks, the paycheck he received and deposited in his account bounced; therefore, his checks bounced.

With regards to the court-martial charge, he was living off-base at the time when some friends asked him to hold the flying jackets for a couple of days because they were going to send the items home.  However, they got caught before they could send the items home and everyone went to the stockade.  He has regretted his mistake for 54 years.  He was only 18 years old at the time it happened and should have had more common sense.  He is a member of the American Legion and the 8th Air Force Historical Society.  The applicant’s complete submission 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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant did not provide persuasive evidence showing the information in the discharge case file was erroneous, his substantial rights were violated, his commanders abused their discretionary authority, or that his service warranted a better characterization than the one he received.  After reviewing the applicant’s record and the circumstances surrounding the discharge, we believe the evidence of record supports his discharge for misconduct.  In addition, in view of the contents of the FBI Identification Record, we are unpersuaded that the characterization of the applicant’s discharge warrants an upgrade to honorable on the basis of clemency.  In view of the foregoing and the lack of documentation showing good post-service conduct, we conclude that no basis exists to recommend favorable action on the applicant’s request.
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 10 Mar 03, under the provisions of AFI 36‑2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered in connection with AFBCMR Docket Number 02-03470.

   Exhibit A.  DD Form 149, undated, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Identification Record.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 4 Dec 02.
   Exhibit E.  Letter, SAF/MRBR, dated 20 Dec 02.
   Exhibit F.  Letter from Applicant, dated 6 Feb 03.