RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03003
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

The former member requested that his bad conduct discharge (BCD) be upgraded.

On 30 Oct 03, the former member’s daughter advised that the former member passed away on 9 Oct 03, and requested the processing of his application be continued.

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APPLICANT CONTENDS THAT:

He only went absent without leave (AWOL) to support his girlfriend, who later became his wife and the mother of his six children.

Documentation submitted in support of the appeal included the former member’s DD Form 214, Report of Separation from the Armed Forces of the United States, dated 7 Feb 53; a copy of his DD Form 230, Service Record; a medical note from his physician, dated 29 Aug 03, and a copy of his medical power of attorney, dated 19 Jun 03.

The complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 9 August 1951, the former member enlisted in the Regular Air Force for a period of four years.  Prior to the events under review he was promoted to the grade of private first class.  His grade at the time of discharge was airman basic (AB/E-1).

On 17 Mar 52, he was convicted by Special Court‑Martial for being absent without leave (AWOL) from 1 Feb 52 to 5 Mar 52.  His punishment consisted of a reduction in grade to private, forfeiture of $50 per pay for three months, and restriction to the limits of the base for two months.

On 2 Sep 52, the former member was convicted by Special Court‑Martial for being AWOL from 3 May 52 to 23 Aug 52.  His punishment consisted of a BCD, forfeiture of $55 per month for six months, and confinement at hard labor for six months.  The sentence was adjudged on 10 Sep 52.  On 13 Oct 52, the convening authority approved the sentence as adjudged.  On 8 Dec 52, the Secretary of the Air Force suspended execution of that portion of the sentence involving the BCD until the member’s release from confinement.

On 7 Feb 53, the former member was discharged with a bad conduct discharge.  He was credited with a total of 7 months and 14 days of active duty service (excludes 315 days of lost time due to AWOL and confinement).

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS 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 former member did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing, or provide any facts warranting an upgrade of his discharge.  Accordingly, they recommended his records remain the same and the request be denied.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The former member’s daughter responded to the evaluation by reiterating the circumstances surrounding her father’s discharge and that he was a great man.

A complete copy of the response is at Exhibit E. 

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The majority of the Board finds that the discharge appears to be in compliance with the governing regulations and they find no evidence to indicate that the former member’s separation from the Air Force was inappropriate.  They find no evidence of error in this case and after thoroughly reviewing the evidence of record, they do not believe the former member has suffered from an injustice.  Additionally, they noted the absence of information regarding the former member’s activities after leaving the service.  Therefore, based on the available evidence of record, the majority of the Board finds no basis upon which to favorably consider this application.

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RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered AFBCMR Docket Number BC-2003-03003 in Executive Session on 3 December 2003, under the provisions of AFI 36-2603:

By a majority vote, the Board recommended denial of the application.  Mr. XXXXXX  voted to grant, but he does not wish to submit a Minority Report. The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 13 Sep 03, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPRSP, dated 7 Oct 03.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Oct 03.
	Exhibit E.  Letter, Applicant’s Daughter, dated 30 Oct 03.

                                   

MEMORANDUM FOR	THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT:	AFBCMR Case on AFBCMR: BC-2003-03003

	After considering the evidence available for my review, I agree with the minority member of the panel that the applicant’s request to have his bad conduct discharge upgraded should be granted.  

	While the applicant’s bad conduct discharge may have been appropriate for the circumstances at the time, I note he had to live with its adverse effect for 50 years.  Since it would serve no useful purpose to the Air Force or to society in general to continue the nature of his discharge at this late date and since it is apparent that he had been a responsible citizen following his separation, it is my decision that the characterization of his discharge should be upgraded to general (under honorable conditions) on the basis of clemency.

							

AFBCMR BC-2003-03003

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 7 February 1953, he was discharged with service characterized as general (under honorable conditions).