RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00900
		INDEX CODE:  110.02, 106.00
	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge (UOTHC) be changed to honorable.

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APPLICANT CONTENDS THAT:

He was unjustly given an undesirable discharge.  He states that he served honorably from 1951 through 1959.  In March 1959, his allotment to his pregnant wife was erroneously stopped by the Air Force.  His family was living under undesirable conditions and needed money, food and medical care, as he unsuccessfully attempted to correct his pay problems.  He left the base for a private job to provide for his family.  In April 1959, the applicant turned himself in with hopes of continuing his military career.  In May 1959, he was advised to accept an undesirable discharge or he would be held in the brig until his court martial.  He contends that the Air Force made a mistake with his allotment, he could not support his family, and the Air Force should be held responsible for the subsequent events.

He has lived a good honest life, provided for his family, and requests this injustice be corrected for the benefit of himself and his family.

The applicant states that he enlisted in the Air Force at the age of seventeen and served a four year enlistment with an honorable discharge on 5 April 1956.  He intended to make a career of the service and re-enlisted on 6 April 1956.  After completing jet engine school he was reassigned to Davis Monthan AFB.  During the move his pay records were lost and his wife, who was due to give birth to their second child was forced to move with her mother.  His wife failed to receive his allotment for 2 months and he was not paid travel allowance.  

In January 1959, upon reporting to Davis Monthan AFB quarters were unavailable and he was forced to sleep in his car.  During this time, his car was vandalized and all of his possessions were stolen.  He visited finance several times to reconcile his pay records.  However, he was informed that his records could not be located.  Unable to obtain financial assistance he left the base and returned to his family in Arizona.  In March 1959, he turned himself in to authorities, and was confined to the stockade pending court martial.  

The squadron commander offered him a summary court martial, with immediate release and an undesirable discharge under the terms that he would not contest.    He accepted the offer and received a UOTHC in July 1959.  

His post service accomplishments include, a sustained work history as a mechanic and machinist until he was accepted into the operating engineers association.  He worked with heavy equipment prior to filling a supervisory position in 1972.  He has an overseas clearance and has supervised assignments over the past 15 years.  

He is semi-retired, still married to the same wife and they reside near their children, grandchildren and one great grandchild.

In support of his request, applicant provided a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States, a copy of a letter from the Air Force Accounting and Finance Center, a personal statement, a letter of appreciation, a copy of service school awards, a letter of commendation and 5 character reference letters.  

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

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STATEMENT OF FACTS:

Applicant’s master personnel records appear to have been destroyed by fire at the National Personnel Records Center in 1973.

Data extracted from documents provided by the applicant reflect that he enlisted in the Air Force as an airman basic on         29 December 1951.  He was discharged on 23 July 1959 under the provisions of AFR 39-17 (Unfitness) and given a UOTHC.  

A post service letter was sent to applicant on 30 April 2003.  A copy of the letter is at Exhibit B.

Applicant’s reply is included at Exhibit C.

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Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 11 April 2003, that, on the basis of data furnished, they are unable to locate an arrest record.

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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.  Based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that the applicant’s discharge was proper and in compliance with appropriate directive.  However, under our broader mandate and after careful consideration of all the facts and circumstances of applicant's case, we conclude that corrective action is appropriate as a matter of equity and on the basis of clemency.In this respect, we are persuaded that applicant has overcome the behavioral traits, which led to the contested discharge and he has been a productive member of society.  We recognize the adverse impact of the discharge applicant received; and, while it may have been appropriate at the time, we believe it would be an injustice for applicant to continue to suffer its effects.  We therefore conclude that applicant's discharge should be upgraded to honorable.

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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 23 July 1959, he was discharged and furnished an Honorable Discharge certificate.

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The following members of the Board considered Docket Number BC-2003-00900 in Executive Session on 17 July 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 11 Mar 03 w/atchs.
	Exhibit B.	Letter, SAF/MRBC, dated 30 Apr 03.
	Exhibit C.	Letter, Applicant, dated 19 May 03 w/atchs.
	Exhibit D.	Letter, SAF/MRBR, dated 17 Mar 03.

	
	Panel Chair

AFBCMR BC-2003-00900

MEMORANDUM FOR THE CHIEF OF STAFF

	Under the authority of Section 1552, Title 10, United States Code and Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that:

	The pertinent military records of the Department of the Air Force relating to [applicant], be corrected to show that on 23 July 1959, he was discharged and furnished an Honorable Discharge certificate.

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				                                Director
				                                Air Force Review Board Agency