RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00365
		INDEX CODE:  110.02

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

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APPLICANT CONTENDS THAT:

He was given an AFR 39-17 discharge with no chance to defend himself.  He states that he had no court-martial and that he has never been dishonorable in his whole life.

He has been a model citizen, raised a family, and is now 65 years old.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 9 Sep 55 for a period of four years.  His highest grade held was airman third class (A3C/E-2).  Applicant’s grade at time of discharge was airman basic (AB/E-1).

On 22 Apr 57, he received an Article 15 punishment for willful intent to evade payment of a debt, on or about 3 Apr 57.  He was reduced to the grade of airman basic.

On 9 Sep 58, he received an Article 15 punishment for failure to obey a lawful order, on or about 8 Sep 58.  His punishment consisted of reduction in grade to the rank of airman basic with an effective date and date of rank of 8 Sep 58.

On 2 Mar 59, applicant received a medical evaluation stating he had no physical or mental conditions warranting separation under the provisions of AFM 35-4.

On 18 Mar 59, the commander initiated administrative discharge action against the applicant for his complete disregard for his financial responsibilities and his careless attitude toward any type of improvement.  The commander counseled applicant on at least ten different occasions regarding his financial responsibilities, including the incidents he was involved in off base, with little or no results.  He had demonstrated over the past 15 months that he was the type of airman that would not progress and would continue to be a burden to the Air Force.  

On that same date, applicant acknowledged receipt of the administrative discharge action and waived his entitlement to appear before a board of officers and requested discharge in lieu of board proceedings.  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 that this may deprive him of rights as a veteran under both federal and state legislation.

On 24 Mar 59, the group commander recommended the applicant be discharged.  The discharge authority approved an undesirable discharge and directed that the applicant be issued a DD Form 258AF, “Undesirable Discharge Certificate.”  On 27 Mar 59, applicant was discharged under the provisions of AFR 39-17, with service characterized as under other than honorable conditions.  He was credited with 3 years, 6 months, and 19 days of active duty 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 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 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.   After careful consideration of the evidence of record, we found no evidence that the actions taken to effect the applicant’s discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or that the actions taken against the applicant were based on factors other than his own misconduct.  The applicant has had to live with the adverse effects of his undesirable discharge for over 45 years, and while it may have been appropriate at the time, we believe it would be an injustice for him to continue to suffer from its effects.  Except for two incidents with legal authorities in 1966 and 1967, there is no evidence of any further misconduct.  Certainly we do not condone the behavior that led to applicant’s undesirable discharge.  Nonetheless, since it serves no useful purpose to the Air Force or to society in general to continue the nature of his discharge at this time, we believe that an upgrade of the characterization of his service to honorable is warranted on the basis of clemency.

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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 24 March 1959, he was honorably discharged and furnished an Honorable Discharge Certificate.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00365 in Executive Session on 8 July 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 29 Jan 04.
     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.

                                   
                                   Panel Chair

AFBCMR BC-2004-00365

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 XXXXXXX, XXXXXXX, be corrected to show that on 24 March 1959, he was honorably discharged and furnished an Honorable Discharge Certificate.

		Director
		Air Force Review Boards Agency