RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00361
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable, his reason for separation be changed to “convenience of the government,” and his reenlistment eligibility (RE) code be changed to an RE code 1, with a corresponding separation program designator (SPD) code.

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APPLICANT CONTENDS THAT:

He did not have any court-martials, office hours or other disciplinary problems.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Prior to the service under review, applicant served on active duty in the US Marine Corps from 9 Apr 52 until 8 Apr 55.

He enlisted in the Regular Air Force on 16 Nov 56, and served on continuous active duty, entering his last enlistment on 5 Dec 58.  He was promoted to the rank of airman first class with an effective date and date of rank of 1 Jun 61. 

On 8 Mar 62, the squadron section commander initiated administrative discharge action against the applicant for financial irresponsibility and an established pattern of failure to pay just debts after repeated counselings by the commander and previous commanders of the organization.

On 20 Mar 62, applicant acknowledged receipt of the administrative discharge action, waived entitlement to appear before a board of officers, requested discharge in lieu of board proceedings and submitted statements in his own behalf.  He further acknowledged he understood that if his application was approved, his separation could be under conditions other than honorable, he could receive an undesirable discharge, and this may deprive him of rights as a veteran under both federal and state legislation.

On 9 Apr 62, the squadron section commander recommended approval of the administrative discharge action.  On 17 Apr 62, the wing commander recommended the applicant be discharged and that he be furnished a general discharge certificate.  On 9 May 62, the discharge authority approved the discharge and directed the applicant be issued a DD Form 257AF, General Discharge Certificate.

On 18 May 62, applicant was discharged under the provisions of AFR 39-17, with service characterized as under honorable conditions, and was issued RE code 2 [ineligible to reenlist in the Regular Air Force].  He was credited with a total of 8 years, 6 months, and 3 days of active military service (includes all periods of 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.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended his request be denied.  They found the discharge consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority.  They also noted applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing and that he provided no other facts warranting an upgrade of the discharge.  

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 26 Mar 04 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).

On 26 Apr 04, a copy of the FBI report was forwarded to the applicant for comment.  At that time, the applicant was also invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit F).  As of this date, no response has been received by this office.

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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 finds no evidence to indicate the applicant’s separation from the Air Force or the reason for separation were inappropriate.  The majority of the Board finds no evidence of error in this case and after thoroughly reviewing the evidence of record, they do not believe the applicant has suffered an injustice.  Additionally, the majority of the Board noted the absence of information regarding the applicant’s activities after leaving the service.  Therefore, based on the available evidence of record, the majority finds no basis upon which to favorably consider applicant’s request to upgrade his discharge to honorable and to change the narrative reason for separation.

4.  Having found no error or injustice with respect to the applicant’s discharge, all members of the Board found no basis upon which to favorably consider the applicant’s request to change his reenlistment eligibility code.

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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-2004-00361 in Executive Session on 10 June 2004, under the provisions of AFI 36-2603:

By a majority vote, the Board recommended denial of the application in its entirety.  Mr. XXXXX voted to upgrade the applicant’s discharge to honorable, but did not wish to submit a Minority Report. The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 27 Jan 04, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  FBI Report of Investigation.
	Exhibit D.  Letter, HQ AFPC/DPPRS, dated 23 Mar 04.
	Exhibit E.  Letter, SAF/MRBR, dated 26 Mar 04.
	Exhibit F.  Letter, AFBCMR, dated 26 Apr 04, w/atchs.

                                   Panel Chair

MEMORANDUM FOR	THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
	FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:	AFBCMR Application of 

	I have carefully considered all aspects of this case and do not agree with the opinion of the majority of the panel that the applicant’s request should be denied in its entirety.

After careful consideration of all the facts and circumstances of the applicant’s case, I believe clemency would be appropriate.  The record indicates that, except for his financial troubles, the applicant’s duty performance was good to excellent.  Additionally, he served honorably during two prior enlistments, in the US Marine Corps and the Air Force.

Certainly I do not condone the behavior which led to his under honorable conditions (general) discharge.  Nevertheless, in view of his overall record of service, I believe it would be an injustice for him to continue to suffer the adverse effects of the under honorable conditions (general) discharge he received over 42 years ago.  Therefore, it is my decision that his discharge be upgraded to fully honorable on the basis of clemeny.

                                                                                        
							Director						                                                        
							Air Force Review Boards Agency

AFBCMR BC-2004-00361

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 18 May 1962, he was honorably discharged and furnished an Honorable Discharge Certificate.

		
		Director
		Air Force Review Boards Agency