RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03760
		INDEX CODE:  110.00

		COUNSEL:  XXXXX

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to general.

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APPLICANT CONTENDS THAT:

Over the years he has seen how big of an error in judgment he made.  He can’t change what happened, but he does see it could have been better.  He has been doing his best all these years to improve his life.  He raised a family, and has had his own business.

In support of the appeal, applicant submits a personal statement, two character references and a copy of his DD Form 214.

Applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s master personnel record (MPR) appears to have been destroyed by the 1973 fire at the National Personnel Records Center (NPRC) in St. Louis.

Based on the available documentation the following facts are provided.

Applicant enlisted in the Regular Air Force on 16 December 1952 in the grade of airman basic for a period of four years.

On 25 October 1956, while serving in the grade of airman second class, he was discharged under the provision of AFR 39-17 (Unfitness) and separated with an undesirable discharge.  He had served 3 years, 2 months and 8 days on active duty with 242 days of lost time.

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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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 January 2005, applicant was invited to provide information pertaining to his activities since leaving the service.  On 25 January 2005, a copy of his FBI Report was forwarded for review and response (Exhibit D).

Applicant states his first year in the service was not very good ‑‑ he went AWOL because he was homesick.  After he got it out of his head he liked being in the Air Force.  He got in trouble again; he took gas from a military truck for his car.  He was late on a three-day pass.  They had an accident and had to hitchhike back to base.  He would have liked to stay in the Air Force.

After getting out of the service, it took him a few years to find out what he would do with his life.  He got married and raised four children.  His children are all grown and married now.  He went to work as a truck driver, hauling cars for 13 years and 17 years as an over-the-road freight hauler.  Nine of the last 17 years he has owned his own trucking business.  He retired in 1995.  He has been doing his best all these years to improve his life.  Now he would like to upgrade his service record.

Applicant's complete response, with attachments, is at Exhibit E.

Applicant provided a statement in regards to his FBI Report stating after 1961 he found a good job and has straightened his life out.  He has been doing well ever since.  He hopes his life record is looked at after 1961.  He raised his family and helped raise a stepfamily.  He was a responsible worker and business owner.  In retirement, he is enjoying his grandchildren.

Applicant’s response 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.  After a thorough review of the evidence of record, we see no evidence to show that the applicant’s discharge was erroneous or unjust.  However, the Board majority recognizes the adverse impact of the discharge the applicant received; and while it may have been appropriate at the time, the Board majority believes it would be an injustice for the applicant to continue to suffer its effects.  In consideration of the applicant’s current age, his apparent immaturity at the time of his enlistment, the absence of evidence that he had any involvement of a derogatory nature in more than 40 years and his apparent successful adjustment to civilian life since 1961, the Board majority believes corrective action is appropriate based on clemency.  Accordingly, we recommend that his records be corrected to the extent indicated below.

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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 25 October 1956, 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 1 March 2005, under the provisions of AFI 36-2603:

By a majority vote, the Board recommended approval of the application.  voted to deny the application but does not desire to submit a Minority Report.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2004-03760 was considered:

	Exhibit A.  DD Form 149, dated 23 Nov 04, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  FBI Report.
	Exhibit D.  Letters, AFBCMR, dated 7 and 25 Jan 05, w/atch.
	Exhibit E.  Applicant’s Response, dated 17 Jan 05, w/atch.
	Exhibit F.  Applicant’s Response, dated 2 Feb 05.

AFBCMR BC-2004-03760

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 XXXXX, be corrected to show that on 25 October 1956, he was discharged with service characterized as general (under honorable conditions).