RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03189
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires his discharge upgraded.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served in the United States Army from 27 June 1946 to 28 November 1947 and was honorably discharged for convenience of the government.

The applicant enlisted in the Regular Air Force on 12 November 1952 for a period of four (4) years in the grade of airman third class.

The applicant received the following nonjudicial punishments under Article 15, Uniform Code of Military Justice (UCMJ):

	On 3 April 1953, the applicant failed to repair for school formation and was restricted to the base for a period of 14 days.

	On 25 May 1953 he willfully disobeyed a lawful order given by his first sergeant and was demoted to the grade of airman basic, effective 26 May 1953.

	On 6 July 1953, he failed to repair for bed check.

On 23 July 1953, the applicant was eliminated from Radio Operator School by faculty board action.

On 18 August 1953, the applicant’s commander requested the applicant be transferred from Keesler Air Force Base.  The commander indicated that the following attempts had been made toward rehabilitation:  the applicant had been under the direct charge of the acting first sergeant and had been performing duties in the squadron area mainly in connection with the beautification of the squadron area.  His performance had been excellent.  He had been given ample time off for recreation and relaxation.  He had shown an above average attempt to be and become a good airman.  Under proper job conditions and a strong leader, the applicant could be a valuable asset to the Air Force.  The commander further indicated that the applicant’s rehabilitation was complete and that a change in scenery would do much to enhance his future effectiveness to the Air Force.  He did not believe anything could be gained by retaining him for a long period.  The applicant needed a permanent job and the feeling that he was wanted by and of value to an operating organization.  By the fine duty performance displayed by, and such improved attitude of the applicant he had fully demonstrated that he was rehabilitated and ready for reassignment.

On 26 October 1953, the commander recommended the applicant be discharged for reason of fraudulent enlistment.  He specified that at the time of his enlistment, the applicant indicated in item 21 of his enlistment record that he had only one dependent, a daughter (three years old).  Item 20 indicates that he was divorced at the time of enlistment.  The applicant received information that his divorce was never granted; therefore, he had two dependents at the time of enlistment.  The applicant was reduced from airman third class to airman basic through Article 15 action on 26 May 1953.  The commander recommended the applicant be discharged with service characterized as general.

Applicant was discharged on 13 November 1953, in the grade of airman basic with a general (under honorable conditions) discharge, under the provisions of AFR 39-21 (Fraudulent Entry Into the Air Force).  He served a total of two years, five months and four days of active military service.

Pursuant to the Board’s request, the Federal Bureau of investigation, Clarksburg, West Virginia, provided an Investigative Report, which is attached at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRSP recommended denial.  They indicated that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  Additionally, he provided no facts warranting an upgrade in his discharge.  However, today a fraudulent entry would receive an honorable discharge and considering the discharge occurred 50 years ago and the type of offense leading to his discharge, they would not be opposed to upgrading his discharge to honorable conditions if a search of the FBI files reveals no convictions.  He has not filed a timely request.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated he takes full responsibility for what happened while he was in the Air Force.  He would like to give his discharges to his grandson who is serving in the United States Marines.  He further indicates that he served in the United States Army from 27 June 1946 through 28 November 1947 and received an honorable discharge.

Applicant’s response is at Exhibit F.

_________________________________________________________________

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 warrant an upgrade of the applicant’s discharge solely on the basis of clemency.  In this regard, no evidence has been presented which would lead the Board to believe the applicant’s discharge was improper or contrary to the directive under which it was effected.  However, we note that AFPC/DPPRSP recommends clemency, if an FBI report is clean on the basis that the discharge is over 50 years old.  The Board notes the FBI report does contain some entries; however, with the exception of an entry in 1957, the offenses were dismissed.  Therefore, the Board is of the opinion that upgrading the applicant’s discharge to honorable, based on clemency would be appropriate.  Therefore, we recommend the applicant's records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 13 November 1953, he was honorably discharged and issued an Honorable Discharge Certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2003-03189 in Executive Session on 29 January 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 September 2003 w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRSP, dated 20 October 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 31 October 2003.
   Exhibit F.  Letter, Applicant, dated 20 November 2003.

					   

AFBCMR BC-2003-03189

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 	, be corrected to show that on 13 November 1953, he was honorably discharged and issued an Honorable Discharge Certificate.