RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00596
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He has had to live with the shame of an undesirable discharge for 49 years.  He has worked hard and has gained the respect of his friends and neighbors.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 10 July 1951, applicant enlisted in the Regular Air Force.  Prior to the events under review he was promoted to the grade of airman third class (A3C/E-2).  Applicant’s grade at time of discharge was airman basic (AB/E-1).

Applicant received character and efficiency ratings of excellent from 11 Jul 51 – 21 Sep 52; from 22 Sep 52 – 13 Oct 52, ratings were unknown; and from 13 Oct 52 – 6 Sep 53, his character rating was fair and his efficiency rating was satisfactory.

On 6 Aug 53, applicant was convicted by Summary Court-Martial for disobeying a lawful order issued by his squadron commander to refrain from drinking intoxicating beverages during the six-hour period prior to going on alert duty on or about 31 Jul 53 and for failure to repair on or about 1 Aug 53.  His sentence consisted of reduction to the grade of airman basic (AB/E-1), 30 days of confinement at hard labor and forfeiture of $30.

On or about 18 Jan 54, applicant was charged with armed robbery of a service station.  On 5 Feb 54, he was convicted in civil court and sentenced to 8 years confinement in the Texas State Penitentiary in Huntsville, TX.  

On 6 Feb 54, the adjutant requested permission to discharge the applicant based on the civil court conviction and confinement.  On 12 Feb 54, the discharge authority approved the request and ordered an undesirable discharge.  

On 18 Feb 54, he was discharged under the provisions of AFR 39-22 by reason of conviction in a civil court, with an undesirable discharge.  He was credited with 2 years, 6 months, and 5 days active service (excludes 34 days of lost time due to AWOL and confinement).

In Jan 56, the Governor granted him a conditional pardon.

On 8 Sep 59, the Air Force Discharge Review Board (AFDRB) considered and denied applicant’s request to have his discharge upgraded.

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 recommended his request be denied.  They found that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, that the discharge was within the sound discretion of the discharge authority.  They also noted that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing and that he provided no other facts warranting an upgrade of the 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 in response to the FBI Report; he states that he has led a clean life since 1966.  He gave a brief summary of his military service, the circumstances which subsequently led to his discharge and his accomplishments since leaving the service.

In support of his appeal, he provided letters of character reference (from friends, associates, co-workers, and the county sheriff), and flyers announcing charity events he planned and organized.

Applicant’s complete response is at Exhibit G.

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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.  After careful consideration of the evidence of record, we found no evidence that the actions taken to effect the applicant’s discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or that the actions taken against the applicant were based on factors other than his own misconduct.  Nevertheless, while we do not condone the behavior which led to the applicant’s discharge, he has had to live with its adverse effects for almost 49 years.  Based on the letters of character reference provided in the applicant’s behalf, it appears that he has been a responsible citizen and productive member of society.  Therefore, we find that an upgrade of the characterization of his discharge to general, under honorable conditions, is warranted on the basis of clemency.  An honorable discharge was considered; however, in view of his overall record of service, we do not believe that an upgrade of his discharge to fully honorable is warranted.

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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 18 February 1954, 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-2003-00596 in Executive Session on 10 September 2003, under the provisions of AFI 36-2603:

	Chair
	Member
	Member

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

    Exhibit A.  DD Form 149, dated 4 Mar 03, w/atch. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 18 Mar 03.
    Exhibit E.  Letter, SAF/MRBR, dated 21 Mar 03.
    Exhibit F.  Letter, AFBCMR, dated 24 Jul 03, w/atchs.
    Exhibit G.  Letter, Applicant, undated. 

                                   
                                   Chair

AFBCMR BC-2003-00596

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 18 February 1954, he was discharged with service characterized as general (under honorable conditions).

		
		Director
		Air Force Review Boards Agency