RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2002-03701
		INDEX CODE 106.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His 1959 under-other-than-honorable-conditions (UOTHC) discharge be upgraded to honorable or general.

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APPLICANT CONTENDS THAT:

The characterization of his discharge was unfair and unjust. He was arrested but not prosecuted for his association with the people who committed the crime.

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

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STATEMENT OF FACTS:

The applicant’s military records are virtually nonexistent.  His DD Form 214 reflects he entered active duty on 11 Jul 56. Following conviction by civil court for breaking and entering, he was discharged on 10 Feb 59 as an airman first class with a UOTHC characterization and 2 years, 6 months, and 24 days of active service for this period.  His separation document also indicates four years of other service, bringing his total active service to 6 years, 6 months, and 24 days.

In an undated but apparently old letter in his records, the applicant asserted he received a retrial and his separation documents were changed to reflect an honorable discharge. The records also contain a letter from the Secretary of the Air Force Discharge Review Board (DRB) scheduling a review of his discharge on 17 Nov 59. The applicant had the option of appearing in person, being represented by counsel, or submitting statements in his behalf, otherwise the DRB would proceed to review the case with records available.  Whether the DRB reviewed his records is unknown since there is no other documentation pertaining to the DRB in the file. According to their advisory (Exhibit D), HQ AFPC/DPPRS contacted the DRB in an attempt to obtain needed information, but no documentation was found. 

Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Washington, D.C., provided a two-page investigative report, which is attached at Exhibit C.  

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS notes the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing. He has provided no facts warranting an upgraded discharge, but since the incident occurred more than 43 years ago, they would not be opposed to upgrading the discharge to general if an FBI check proves negative.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a statement from his pastor, a 1985 letter from a landscape company advising he had been an employee since 1977, letters from other landscape companies in the 1973-1979 period, and additional documents. 

A complete copy of applicant’s response, with attachments, is at Exhibit F.

A complete copy of the FBI Report was forwarded to the applicant on 14 Mar 03 for review and comment within 30 days. The applicant acknowledged receipt and returned those pages pertaining to another individual which had been inadvertently included in the FBI’s report on him. Pursuant to the AFBCMR Staff’s inquiry, the FBI confirmed that the report they had on the applicant consisted of their cover sheet and two pages. As a result, the AFBCMR Staff destroyed the unrelated pages and provided only those pages pertaining to the applicant for the Board’s review.

The applicant’s responses, with attachments, are at Exhibit H.

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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.	Insufficient relevant evidence has been presented to demonstrate that the applicant’s UOTHC discharge was unjust or in error. His conviction by civil court for breaking and entering sustained his discharge characterization, and he has provided insufficient evidence supporting his allegation that his separation documents were later changed to reflect an honorable discharge. While the applicant has not shown his 1959 discharge process was erroneous or unjustified, he does appear to have become a reputable citizen since his separation. According to the FBI report, he has remained law abiding following his conviction for breaking and entering 44 years ago. On the basis of clemency, and considering the circumstances of his separation and subsequent rehabilitation, we find the Air Force’s suggestion to upgrade the applicant’s discharge to general is appropriate and recommend that his 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 the APPLICANT, be corrected to show that, on 10 February 1959, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered this application in Executive Session on 1 May 2003 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2002-03701 was considered:

   Exhibit A.  DD Form 149, dated 15 Nov 02, w/atch.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 30 Dec 02.
   Exhibit E.  Letter, SAF/MRBR, dated 10 Jan 03.
   Exhibit F.  Letters, Applicant, undated, postmarked Jan 03,
                   w/atchs.
   Exhibit G.  Letter, AFBCMR, dated 14 Mar 03.
   Exhibit H.  Letter, Applicant, postmarked 2 Apr 03 &
                 DD Form 293, dated 16 Apr 03, w/atchs.

                                 

AFBCMR BC-2002-03701

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 10 February 1959, he was discharged with service characterized as general (under honorable conditions).