RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01900
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He had never been in any trouble until the Spring of 1949 when he was intoxicated for the first time and had to be returned to base by the military police.  He later was arrested after being in a fight and, intoxicated, tried to hang himself.  There was a lot of trouble in his squadron.  Three airmen were charged with rape, and everyone was put in a line-up.  His squadron officer advised him to accept a discharge so that he would not be sent to Fort Leavenworth, Kansas, and his age would not be discovered.  He was also told that after five years, the Air Force would upgrade his general discharge to honorable.

In support of the application, the applicant submits his personal statement, an Air Force Discharge Review Board application, a General Discharge certificate, and a General Discharge order.  His complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant’s military personnel records were destroyed by fire in the National Personnel Records Center in July 1973.  The following information was extracted from documents provided by the applicant.

On 25 July 1947, the applicant enlisted in the Regular Air Force at the alleged age of 18 in the grade of private (E-1) for a period of five (5) years.  He was discharged with a general discharge on 10 September 1949 under the provisions of AR 615-369 (Unsuitability).  He had served 8 months and 16 days of Continental Service, and 1 year and 5 months of foreign service.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the applicant (Identification Record No), which is at Exhibit D.
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AIR FORCE EVALUATION:

NO AIR STAFF ADVISORY.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 September 2004, a copy of the Federal Bureau of Investigations (FBI) report was forwarded to the applicant, and the applicant was invited to submit information pertaining to his post-service activities.  As of this date, this office has received no response (Exhibit C).
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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 probable error or injustice.  After careful consideration of the available evidence, we found no indication that the actions taken to affect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time.  In addition, in view of the contents of the FBI Identification Record we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade to honorable on the basis of clemency.  Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request. 

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THE BOARD RECOMMENDS THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 4 December 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in AFBCMR Docket Number BC-2004-01900:

	Exhibit A.  DD Form 149, dated 9 Jun 04, w/atchs.
	Exhibit B.  Applicant’s available Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 8 Sep 04 w/atchs.
Exhibit D.  FBI Report.