RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01484
				INDEX CODE:  110.00
				COUNSEL:  XXXXX

				HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was young and immature and was not given a chance to make any corrections, nor was he given any counseling.

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

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STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by the 1973 fire at the National Personnel Records Center and only limited information is available for review.

Available records, submitted by the applicant, indicate he enlisted in the Regular Air Force on 28 June 1956 for a period of four years.  He was discharged from the Air Force on 16 October 1958, in the grade of airman basic in accordance with AFR 39-17 (Unfitness), with an under other than honorable conditions (UOTHC) discharge.  He served two years, two months and two days of active duty service.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C., provided an investigative report which is attached at Exhibit C.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS states they are unable to determine the propriety of the applicant’s discharge based on the lack of documentation in his records.  The applicant has not submitted any evidence, nor identified any errors in the processing of his discharge, nor did he provide facts that support changing his separation.  They defer to the Board to determine if the applicant’s request for relief should be granted.

A complete copy of the Air Force evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 June 2003, the Board staff requested the applicant provide information regarding his post service activities (Exhibit F).

The applicant states he was very young and foolish at that time.  He had recently gotten married and after about a month his wife left and would not give him a reason for her leaving.  He started drinking heavy and his downward trend started.  One day he was drunk and needed more drinking money and he passed a three-dollar check.  Later he was arrested for the passed check and put in jail.  The county sheriff’s office contacted the Air Force authorities and his attorney negotiated a deal with the court and they dismissed the charges so the Air Force could handle the problem.  He was taken back to the base and was put in the brig.  He was court-martialed and got 30 days in the brig.  After getting out of the brig he was assigned to various offices while his discharge was being processed.

Since leaving the Air Force, he has finished high school, remarried and raised four children.  He has six grandchildren, one great grandchild.  Over the years, he has tried to be a law-abiding person.  He has not been in any trouble of any kind since the one incident.  He has worked very hard over these years to try to be good and productive person.

In support of his request, the applicant has submitted character letters from friends (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 of 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.  It appears the applicant’s personnel files were apparently destroyed by fire in 1973; therefore, based on the presumption of regularity in the conduct of government affairs and without evidence to the contrary, we must assume that the servicemember’s separation was proper and in compliance with appropriate directives.  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 45 years old, the Board is of the opinion that upgrading his discharge, based on clemency, would be appropriate.  Certainly we do not condone the behavior that led to his under other than honorable condition discharge; however, we note that he took full responsibility for his actions.  Therefore, since it serves no useful purpose to the Air Force or to society in general to continue the nature of his discharge at this late date, we recommend that his discharge be upgraded to an honorable discharge.  Accordingly, the Board recommends that the applicant’s records be corrected as 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 16 October 1958, he was honorably discharged and furnished an Honorable Discharge certificate.

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The following members of the Board considered AFBCMR Docket Number BC-2003-01484 in Executive Session on 23 September 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 3 May 03, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 15 May 03.
   Exhibit E.  Letter, SAF/MRBR, dated 30 May 03.
   Exhibit F.  Letter, AFBCMR, dated 9 Jun 03.
   Exhibit G.  Applicant’s Response, dated 22 Jun 03, w/atchs.
   Exhibit H.  Letter, AFBCMR, dated 2 Jul 03.
   Exhibit I.  Letter, AFBCMR, dated 22 Aug 03.

							
							Panel Chair

AFBCMR BC-2003-01484
INDEX CODE:  110.00

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction for 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, SSN, be corrected to show that on 16 October 1958, he was honorably discharged and furnished an Honorable Discharge certificate.

					
					Director
					Air Force Review Boards Agency