RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00048
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was very young and foolish and got involved with the wrong people.  He takes responsibility for his actions.  He has worked 30 years with the same company and has never been in trouble since his discharge.  Two of his children are in the military and his family has a military background.  He is proud of his country and its leaders and is simply asking that his discharge be upgraded to honorable.

In support of his request, applicant provided a personal statement and a copy of his DD Form 257AF, General Discharge certificate.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 4 Jun 58.  He was notified by his commander on 29 Feb 60 that he was recommending that he be discharged from the Air Force under the provisions of AFR 39-17 for unfitness.  The specific reasons for his commander actions were on 18 Jul 59, he was apprehended by civil authorities for being drunk; on 20 Oct 59, he was apprehended by base police for drinking in the barracks for which he was tried by a summary court-martial and sentenced to forfeiture of $57; on 18 Feb 60, he failed to go to his prescribed place of duty for which he was tried by summary court-martial and sentenced to restriction for 60 days, forfeiture of $55 and reduced in grade to airman basic.  Applicant was advised of his rights in this matter.  After consulting counsel, he elected to waive his right to a hearing before a board of officers and submitted a statement on his own behalf requesting a general discharge.  He was discharged on 22 Mar 60.  He served 1 year, 9 months, and 19 days on active duty.  

Pursuant to the Board's request, the Federal Bureau of Investigations (FBI) indicated that they were unable to locate an arrest record pertaining to the applicant (see Exhibit E).

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  He did not submit any new evidence of identify any errors in his discharge processing warranting an upgrade to his discharge.  The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 28 Jan 03 for review and comment within 30 days.  As of this date, this office has received no response.

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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 injustice.  Even though the applicant has provided no evidence to show that his discharge was improper or not in compliance with appropriate directives, it is our opinion that approval is warranted in this case.  It appears likely that he has led a stable and productive life since his separation and has not been involved in any criminal activity.  In light of the above, we believe that it would be an injustice for him to continue to suffer the adverse effects of a general discharge.  Therefore on the basis of clemency, we believe an upgrade of his discharge to honorable is warranted.  Accordingly, we recommend that his 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 22 March 1960, he was honorably discharged and furnished an Honorable Discharge certificate.

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The following members of the Board considered Docket Number BC-2003-00048 in Executive Session on 6 May 03, 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 3 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 28 Jan 03.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Jan 03.
    Exhibit E.  FBI Investigative Report, dated 28 Mar 03.

					

AFBCMR BC-2003-00048

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 22 March 1960, he was honorably discharged and furnished an Honorable Discharge certificate.