RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-02156
								INDEX CODE:  110.02
								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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APPLICANT CONTENDS THAT:

He was a young 19 year old, green behind the ears, rural kid from North Dakota.  He and another service member were given a ride by a civilian they did not know.  The car broke down and as they walked back to town the local police picked them up.  Apparently, the car had been stolen.  They were placed in the local jail and had no legal representation or any advice from the Air Force.  He was advised that if he would admit guilt he would be returned to the Air Force.  After he admitted guilt, he spent a couple more days in the local jail.  The sentence was suspended on good behavior and he was returned to the Air Force.  When he returned to base he was told he was being discharged with an undesirable discharge.  He believes he did an excellent job of trying to be a good Air Force serviceman and his naiveness was his downfall.  Since being released from the Air Force he has led an exemplary life with no other “bumps in the road.”  His family is not aware of his arrest while in the military.  His family has asked if he is going to be buried at a Veterans Administration (VA) National Cemetery and if he can get his discharge upgraded to a general discharge so he could then be buried at a VA cemetery.  

In support of his request, he submits a personal statement, a supporting statement, a copy of his DD Form 214, a copy of his certificate of eligibility for a VA loan and page 5 of his DD Form 230, Service Record.  The applicant’s submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 18 March 1952, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) for a period of 4 years.  

On 7 May 1952, he was charged with wrongful appropriation of twenty dollars ($20.00), the property of another basic airman.  For this incident, he was sentenced to confinement at hard labor for 15 days and forfeiture of twenty-five dollars ($25) of his pay.  

From 29 August 1952 to 24 September 1952, he was confined in civilian jail.  He was charged with grand larceny.  On 25 September 1952, his case was reopened and the sentence was suspended on the conditions of good behavior.

On 26 January 1953, discharge proceedings were initiated against the applicant under the provisions of AFR 39-22 (Conviction By Civil Court).  On 9 February 1953, the applicant was discharged under the provisions of AFR 39-22 (Conviction By Civil Court), with an undesirable discharge.  He was credited with 9 months and 10 days of total active service.  Time lost was 42 days due to confinement.

On 15 August 2003, a request to the Federal Bureau of Investigation (FBI) was made and other than the offense leading to his discharge, no other arrest records were found.  
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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS states the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  DPPRS states that the applicant has not provided any facts warranting a change of his discharge.  The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 September 2003, applicant's case was administratively closed since the applicant stated he needed more time to support his appeal (see Exhibit E).

On 16 April 2004, this office received the applicant's request to reopen his application.  Applicant states that he has been married since 1958 and has five grown children and seven grandchildren and has worked for the same employer for thirty-four plus years.  Applicant's letter, 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.  After a thorough review of the evidence of record we see no evidence to show that the applicant’s discharge was erroneous or unjust.  However, we recognize the adverse impact of the discharge the applicant received; and while it may have been appropriate at the time, we believe it would be an injustice for the applicant to continue to suffer its effects.  In consideration of the applicant’s current age, his apparent immaturity at the time of his enlistment, and no evidence that he has had any subsequent involvement of a derogatory nature since his separation from the Air Force, we believe that corrective action is appropriate on the basis of clemency.  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 9 February 1953, he was discharged with service characterized as general (under honorable conditions).  

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The following members of the Board considered this application in Executive Session on 11 May 2004 under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number 03-02156 was considered:

     Exhibit A.  DD Form 149, dated 20 Jun 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 21 Jul 03.
     Exhibit D.  Letter, SAF/MRBR, dated 25 Jul 03.
     Exhibit E.  Letter, AFBCMR, dated 10 Sep 03 and applicant’s
                 letter, dated 5 Sep 03.
     Exhibit F.  Letter, Applicant, undated, w/atchs.

                                  

AFBCMR BC-2003-02156

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 XXXXXXXXXXX, be corrected to show that on 9 February 1953, he was discharged with service characterized as general (under honorable conditions).