RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03194
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to a general discharge.
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APPLICANT CONTENDS THAT:

He was told that his 1954 undesirable discharge would be upgraded within six months of his discharge.  He was allowed to serve in the Army from 1956 until he was honorably released in 1959.

In support of his request, the applicant submits copies of his DD Forms 214 from the Air Force and the Army.  The 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 30 October 1952.  He was progressively promoted to the grade of airman basic, with an effective date and date of rank of 30 January 1954.

On 27 May 1954, applicant was tried before a summary court-martial at March AFB, CA.  He pled guilty to the charge of failure to go to his appointed place of duty, on or about 21 May 1954, in violation of Article 85, UCMJ, and for disobeying a lawful order, in violation of Article 92, UCMJ.  He was found guilty and sentenced to confinement at hard labor for 30 days and forfeiture of $55.00.  The sentence was approved by the convening authority.  At the time of the above court-martial, the applicant had two previous court-martial convictions for being Absent Without Leave (AWOL).  One prior special court-martial conviction was for being AWOL 13 October 1953 - 4 December 1953, 4-8 January 1954, and 11‑13 January 1954.  He pled guilty and was sentenced to confinement at hard labor for five months and forfeiture of $50.00 per month for five months.  The sentence was adjudged on 26 January 1954.  The second summary court-martial conviction was for being AWOL 7 June 1953 - 1 July 1953.  He pled guilty and was sentenced to restriction for 30 days and forfeiture of $55.00.  The convening authority approved the sentence on 9 July 1953.

On 19 July 1954, the applicant’s commander requested a Board of Officers be convened for the purpose of determining whether or not the applicant should be discharged from the service by reason of unfitness.  The reason for this action was due to the applicant being court-martialed on three different occasions.  The applicant acknowledged notification of the commander’s initiated action against him; however, he waived his entitlement to appear before a Board of Officers and requested discharge.  A personal affairs officer indicated he had interviewed and counseled the applicant concerning his rights.  On 9 August 1954, the discharge authority approved the recommended separation and directed that the applicant be issued an undesirable discharge.  He received an undesirable discharge on 23 August 1954 under the provisions of AFR 39-17.  He had completed a total of 1 year, 1 month and 17 days and was serving in the grade of airman basic at the time of discharge.  He had a total of 247 days of lost time.

Information extracted from applicant’s submission reveals that he contracted his enlistment in the United States Army (Regular) on 23 October 1956 in the grade of private (E-1) for a period of three years.  On 23 October 1959, he was honorably released from active duty and transferred to the United States Army Reserve.  He had completed a total of 2 years, 11 months and 28 days and was serving in the grade of private first class (temporary) at the time of separation.  He had a total of three days of lost time.

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

HQ AFPC/DPPRSP recommends the application be denied.  DPPRSP states that there are no regulations or directives that allow for an automatic upgrade of a discharge within six months or any timeframe after a separation.  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.  The HQ AFPC/DPPRSP evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that, following basic training, he was assigned “KP” duty for several months, which resulted in going AWOL on several occasions.  He would turn himself in and receive his punishment.  After some time, he was made an “MP” until his 23 August 1954 separation.  On 23 October 1956, he enlisted in the Army and served honorably for over two years.  After leaving the service, he was self-employed for several years.  In 1981, due to medical problems, he began collecting Social Security disability.  He remarried in March of 1986, has three children, and has been attending church for the last 13 years.

In support of his request, character reference letters have been submitted.  The applicant’s complete submission, with character reference letters, 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.  Sufficient relevant evidence has been presented to demonstrate the existence of probable injustice regarding the applicant's request that his 1954 undesirable discharge be upgraded to general.  No evidence has been presented which would lead us to believe his discharge was improper or contrary to the directive under which it was effected.  Nevertheless, in view of the applicant's 1956 honorable discharge from the United States Army and his successful transition to civilian life, as evidenced by the post-service documentation he has provided, the Board majority is of the opinion that upgrading the applicant's discharge to general, based on clemency, would be appropriate.  Accordingly, the Board majority recommends that the applicant's undesirable discharge be upgraded to general.

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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 23 August 1954, 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 25 February 2004, under the provisions of AFI 36-2603:

By a majority vote, XXXXX and   voted to grant the applicant's request.  Mr. XXXXX voted to deny the applicant's request but did not desire to submit a minority report.  The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-03194.

   Exhibit A.  DD Form 149, dated 18 Sep 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Identification Record No. 363706C.
   Exhibit D.  Letter, HQ AFPC/DPPRSP, dated 20 Oct 03.
   Exhibit E.  Letter, SAF/MRBR, dated 31 Oct 03.
   Exhibit F.  Letter from Applicant, dated 1 Dec 03, and
			 character reference letters.

                                   

AFBCMR BC-2003-03194

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 23 August 1954, he was discharged with service characterized as general (under honorable conditions).