RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03581
	INDEX CODE:  110.02

				COUNSEL:  NONE

				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to general (under honorable conditions).

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APPLICANT CONTENDS THAT:

His discharge was based on one incident which he feels was unjust.  All this time, he thought he had received a general (under honorable conditions) discharge.  He feels that a BCD was very harsh based upon his past records.

In support of his appeal, the applicant provided copies of newspaper clippings associated with his award of the Purple Heart Medal for injuries he sustained during the Korean War; copies of a speech presenting him with the Purple Heart Medal; and copies of his DD Form 214s, dated 29 May 50, 24 Jul 51, and 24 Apr 56; a copy of an honorable discharge certificate, dated 3 Nov 53; a copy of excerpts from the Congressional Record, dated 5 Apr 00, reflecting comments made by his congressman on his service during the Korean War.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Army on 13 May 49 for a period of 3 years.  He was honorably discharged on 29 May 50 and transferred to the Enlisted Reserve Corp (ERC).  He was credited with 1 year and 17 days of active duty service.  On 3 Oct 50, the applicant reenlisted in the Regular Army and was honorably discharged on 24 Jul 51 and released to the ERC.  He was credited with 9 months and 22 days of active duty service.  

On 27 Oct 55, the applicant enlisted in the Regular Air Force in the grade of airman third class (A/3C/E-2) for a period of four years.

On 1 Mar 56, applicant was convicted by Special Court-Martial for being absent without leave (AWOL) from on or about 10 Jan 56 until on or about 24 Feb 56.  He was sentenced to a bad conduct discharge, confinement at hard labor (CHL) for six months, forfeiture of $20 per month for six months and reduction to the grade of airman basic.

On 24 Apr 56, he was discharged under the provisions of AFR 39-18, with a bad conduct discharge in the grade of airman basic.  He was credited with 2 months, and 1 day of active service (excludes 87 days of lost time due to periods of AWOL and confinement).  

DD Form 215, Correction of DD Form 214, Certificate of Release or Discharge from Active Duty, dated 24 Jul 51, corrected applicant’s awards and decorations to reflect award of the Purple Heart Medal and Korean Service Medal with three Bronze Service Stars.

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 reviewed this application and found that based on the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, that the discharge was within the discretion of the discharge authority.  They noted the applicant did not identify any specific errors in the discharge processing.  However, based on the offense, his past war record for which he received a Purple Heart and was awarded three Bronze Service Stars, two previous honorable discharges and because the incident occurred more than 46 years ago, they recommend clemency.  Additionally, if the FBI report proves negative, they recommend that the applicant’s discharge be upgraded to a general discharge.

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 and letters of character reference, along with a copy of a letter from the President of the Republic of Korea, in response to the Air Force evaluation (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 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 error or injustice.  The discharge appears to be in compliance with the governing regulations and we find no evidence to indicate that the applicant’s separation from the Air Force was inappropriate or that the characterization of the discharge was inappropriate to the existing circumstances.  Nevertheless, in reviewing the applicant’s overall record, it appears that, except for the misconduct which led to his discharge, he had been a good to outstanding airman.  In addition, the evidence provided indicates that this was a one-time incident and also reflects that he was awarded the Korean Service Medal with three bronze service stars, he had two previous honorable discharges and finally he was the recipient of the Purple Heart Medal for his service during the Korean War.  While we do not condone the behavior which led to the applicant’s bad conduct discharge, we believe it would be an injustice for him to continue to suffer the adverse effects of the discharge he received over 46 years ago.  Therefore, we recommend that the characterization of his discharge be upgraded to general under honorable conditions on the basis of clemency.

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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 24 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 02-03581 in Executive Session on 15 April 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 6 Nov 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report of Investigation.
     Exhibit D.  Letter, HQ AFPC/DPPRS, undated.
     Exhibit E.  Letter, SAF/MRBR, dated 20 Dec 02.
     Exhibit F.  Letter, Applicant, undated, w/atchs.

                                   

AFBCMR 02-03581

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 24 April 1956, he was discharged with service characterized as general (under honorable conditions).