RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-04052
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

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APPLICANT CONTENDS THAT:

He desires his discharge to be upgraded on the basis of clemency.  He has suffered enough and has paid for his mistakes.

In support of his appeal, the applicant provided a personal statement.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 28 July 1954 in the grade of airman basic for a period of four years.

In December 1955 the applicant was tried and found guilty by a Summary Court-Martial for the following offenses:

Specification 1:  He did, on or about 9 December 1955, without proper authority, fail to go at the time prescribed to his appointed place of duty.

Specification 2:  He did, on or about 10 December 1955, without proper authority, fail to go at the time prescribed to his appointed place of duty.

Specification 3:  He did, on or about 13 December 1955, without proper authority, fail to go at the time prescribed to the office of the Commander.

Specification 4:  He did, on or about 13 December 1955, without proper authority, fail to go at the time prescribed to the office of a master sergeant.

Pleas:  Not Guilty to Specifications 1 and 2.  Guilty to Specifications 3 and 4.

Findings:  Guilty of Specifications 1, 3, and 4.  Not Guilty of Specification 2.

Sentence:  reduced to the grade of airman basic and forfeiture of $50.00.

In March 1956 the applicant was tried and found guilty by a Special Court Martial for the following reasons:

Charge I:  He did, on or about 27 January 1956, without proper authority, absent himself from his organization, and did remain so absent until on or about 24 February 1956.

Charge II:  He did, on or about 2 March 1956, was disrespectful in language and deportment toward his superior a noncommissioned officer, who was then in the execution of his office, by saying to him, “What the Hell! Do you want me to wash the walls too?  I have another job in a few minutes,” or words to that effect and then pulling two drawers from the table and throwing them to the floor.

Pleas:  Not Guilty to the specifications and charges.

Findings:  Of the Specifications and Charges:  Guilty.

Sentence:  To be confined at hard labor for six months and a forfeiture of $55.00 per month for six months.

On 13 March 1956, the sentence was adjudged.

On 29 January 1957, the commander requested a board be convened for the purpose of discharging the applicant, in accordance with AFR 39-17.

The commander cited the following as the reason for this action:  The applicant first came to the commander’s attention in November when he asked for a transfer from his organization.  The applicant stated he didn’t like his work and didn’t feel qualified.  Investigation established that his attitude was very poor and he could not do his job without constant supervision.  The commander counseled the applicant in November and in fact punished him under Article 15 Uniform Code of Military Justice (UCMJ) for improper language before ladies and his first sergeant in the orderly room.  At that time the commander tried to encourage the applicant to improve his relations with his peers as well as supervisors.  Again in December he was reported to have altercations with a man while on Kitchen Police and was reprimanded.  Once again on 9 January 1957 the applicant asked for leave to help his sister in need which the commander gave him; and again he reiterated his dislike for his job and the men with whom he worked.  He did not seem to be able to adjust to the Air Force, his job or the men for whom he worked.  His negative attitude and uncontrollable temper left no alternative than to request action under AFR 39-17.

On 21 February 1957, the applicant acknowledged receipt of the discharge action and waived his right to appear before the board and elected to sign an application for discharge in lieu of further administrative action under the provisions of AFR 39-17.

On 6 March 1957, the discharge authority approved the applicant’s undesirable discharge.

On 21 March 1957, the applicant was discharged with service characterized as undesirable in the grade of airman basic under the provisions of AFR 39-17 (Unfitness).  He served 2 years, 1 month and 19 days total active service.

On 2 December 1958, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request for an upgrade of his undesirable discharge.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an Investigative Report, which is at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  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 directives in effect at the time of his discharge.  Additionally, the discharge was within the discretion of the discharge authority.

The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no facts warranting an upgrade of his discharge.  He did not file a timely request.

The evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 January 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days. 

On 20 February 2003, the Board staff requested the applicant provide post-service documentation.  The applicant provided character reference letters, which are at Exhibit I.
    
On 21 April 2003, a copy of the FBI Investigation was forwarded to the applicant for review and response within fourteen (14) 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 an error or injustice warranting the applicant’s discharge be upgraded.  The Board finds that no evidence has been presented which would lead us to believe the applicant’s discharge was improper or contrary to the directive under which it was effected.  Nevertheless, the Board finds that, in view of the applicant’s apparent successful transition to civilian life, as evidenced by the post-service documentation he has provided, and considering that the discharge is over 46 years old, the Board is of the opinion that upgrading his discharge to general (under honorable conditions), based on clemency, would be appropriate.  The Board notes that a further upgrade is not warranted based on the applicant’s performance while on active duty.  Accordingly, the Board recommends that the applicant’s undesirable discharge be upgraded to general (under honorable conditions).

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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 21 March 1957, 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 BC-2002-04052 in Executive Session on 12 June 2003, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 December 2002, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 16 January 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 24 January 2003.
   Exhibit F.  Letter, AFBCMR, dated 20 February 2003.
   Exhibit G.  Letter, Applicant, undated.
   Exhibit H.  Letter, AFBCMR, 21 March 2003.
   Exhibit I.  Letter, Applicant, undated, w/atchs.
   Exhibit J.  Letter, AFBCMR, dated 21 April 2003.

					

AFBCMR BC-2002-04052

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 21 March 1957, he was discharged with service characterized as general (under honorable conditions).