RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03514
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to general (under honorable conditions) and the narrative reason for discharge be changed.

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APPLICANT CONTENDS THAT:

His previous efficiency ratings/behavior and proficiency marks were considered by his commander (386th Fighter/Bomber Squad), which shows bias on the part of his commander.

In support of his appeal, the applicant provided a personal statement, eight (8) character reference letters, and a certificate of birth registration. 

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

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STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri.  Therefore, the circumstances leading to his discharge from the Air Force can not be verified.

The available records indicate the applicant enlisted in the Air Force on 17 December 1953 and was discharged on 11 April 1956, in the grade of airman basic with an undesirable discharge, under the provisions of AFR 39-17 (Unfitness).  He served a total of 2 years, 3 months, and 24 days of total active military service.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, West Virginia, indicated that on the basis of the data furnished, they were unable to locate an arrest record (Exhibit C).

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended an upgrade of the applicant’s discharge if a search of the Federal Bureau of Investigation (FBI) proves negative.  They indicated that based upon the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation in effect at that time.  Additionally, the discharge was within the sound discretion of the discharge authority.  The applicant’s military records were totally destroyed in the 1973 fire at the NPRC.  However, based on an entry in applicant’s AF Form 183, Morning Report, dated 12 April 1956, applicant was discharged in accordance with AFR 39-17 (Unfitness).  Applicant furnished a written statement admitting he received an Article 15 for insubordination to a superior officer.  Additionally, he admitted to minor violations due to his immaturity and stated he was coerced to sign a waiver to possible board review that could result in more serious offenses and requested discharge even though he was told he could receive an undesirable discharge.  He submitted several character statements, but did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.

The evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 December 2002, a copy of the evaluation was forwarded to the applicant for review and response within thirty (30) days.  As of this date, no response has been received by this office.

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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 probable error or injustice warranting an upgrade of the applicant’s discharge.  No evidence has been presented which would lead the Board to believe the applicant’s discharge was improper or contrary to the directive under which it was effected.  We note that AFPC/DPPRS recommends clemency, if an FBI report is clean on the basis that the discharge is over 42 years old and the applicant’s youth at that time.  The Board notes the FBI report is clean and therefore, is of the opinion that upgrading the applicant’s discharge to general (under honorable conditions), based on clemency would be appropriate.  Applicant’s request for his narrative reason for separation be changed was considered but based on the lack of information concerning his overall record, a change in the narrative reason is not warranted.  Therefore, we recommend the applicant's records be corrected to the extent 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 11 April 1956, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered AFBCMR Docket Number 02-03514 in Executive Session on 11 February 2003, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 30 October 2002, w/atchs.
   Exhibit B.  Fire Related Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 4 December 2002.
   Exhibit E.  Letter, SAF/MRBR, dated 20 December 2002.

					   
					
AFBCMR 02-03514

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   , be corrected to show that on 11 April 1956, he was discharged with service characterized as general (under honorable conditions).