RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-00998
		INDEX CODE: 100.00

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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THE APPLICANT CONTENDS THAT:

He was young and immature at the time of his discharge and has since led an exemplary life.

The applicant states that since his discharge he was worked 42 years as a truck driver, been married for almost 40 years, owned his own home, and has had no legal problems of any kind.  He has seven grandchildren and would like to pass on the fact that he has a good discharge and not an undesirable one.

In support of the appeal, the applicant submits extracts from his military records.

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

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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 13 September 1951 for a period of four years.

He was tried by a Summary Court-Martial on 24 April 1952 for failing to report to duty on 29 March 1952 and for breaking restrictions on 15 April 1952.  He pled guilty to the charges, was found guilty, and sentenced to 30 days of confinement at hard labor and forfeiture of $50.00 pay.

On 22 April 1952, the applicant received notification that he was to meet a Board of Officers to determine his unfitness for further retention in the military based on his demonstrated misconduct and character traits that rendered him unsuitable for retention.  The Board of Officers met on 8 May 1952, and found him not fit for retention and that he had repeatedly committed minor infractions of rules and regulations.  Based on this finding, the Board of Officers directed his discharge for unfitness with an undesirable discharge.  On 4 June 1952, he was discharged under the provisions of AFR 39-17 (Unfitness), with service characterized as Under Other than Honorable Conditions (UOTHC), and was issued an undesirable discharge certificate.  He had completed a total of 8 months and 22 days and was serving in the grade of airman basic at the time of discharge.

On 13 November 1952, the Air Force Discharge Review Board (AFDRB) considered and denied his request that his discharge be upgraded to honorable. 

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, provided an investigative report which is attached at Exhibit E.

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AIR FORCE EVALUATION:

AFPC/DPPRS states, in part, that since his discharge occurred over 50 years ago and considering the applicant’s young age at the time, they would not object if the AFBCMR granted his request, provided a search of FBI records does not reveal any subsequent convictions.

The AFPC/DPPRS evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Since his discharge he has been employed as a truck driver for 30-years, he is a retired member of the Teamsters, he has been married for 40 years, and raised five children.  Based of his demonstrated continuous and productive employment while raising a family and since he had a problem with alcohol while in the service, his discharge should be upgraded.

In further support of the appeal, the applicant submits character references.

Applicant’s complete response, with attachments, is at Exhibit F.

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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.  We find no impropriety in the characterization of applicant’s discharge.  It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that applicant was not afforded all the rights to which entitled at the time of discharge.  Considered alone, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.

4.  Consideration of this Board, however, is not limited to the events which precipitated the discharge.  We have a Congressional mandate which permits consideration of other factors; e.g., applicant’s background, the overall quality of service, and post-service activities and accomplishments.  Further, we may base our decision on matters of equity and clemency rather than simply on whether rules and regulations which existed at the time were followed.  This is a much broader consideration than officials involved in the discharge were permitted, and our decision in no way discredits the validity of theirs.

5.  Under our broader mandate and after careful consideration of all the facts and circumstances of applicant’s case, we are persuaded that applicant has overcome the behavioral traits which led to the contested discharge and 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.  Accordingly, we find that corrective action is appropriate as a matter of equity and on the basis of clemency.

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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 4 June 1952, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered Docket Number BC-2003-00998 in Executive Session on 8 October 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 12 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 16 Apr 03.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Apr 03.
    Exhibit E.  FBI Investigative Report.
    Exhibit F.  Letter, Applicant, dated 9 Sep 03, w/atchs.

                                   
                                   Chair

AFBCMR BC-2003-00998

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 4 June 1952, he was discharged with service characterized as general (under honorable conditions).

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency