RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2008-02641
							INDEX CODE:  110.00
							COUNSEL: NONE
							HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to a general (under honorable conditions) or honorable discharge.

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APPLICANT CONTENDS THAT:

His discharge was inequitable because it was based on one occurrence in over three years of service.  He was discharged for going beyond the limits of a Class A pass.  

In support of his appeal, applicant submitted a copy of his DD Form 258, Undesirable Discharge, DD Form 4, Special Order Number A-775, USAFI-J Form 3, United States Armed Forces Institute (Japan) and character references.

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

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STATEMENT OF FACTS:

The DD Form 4 provided by the applicant reflects he enlisted in the Regular Air Force on 14 Feb 56 as an airman basic for a period of four years.  Special Order Number A-775 reflects the applicant was discharged on 12 Jun 59 with an under other than honorable conditions (UOTHC) discharge.

Pursuant to the Board’s request, the Federal Bureau of Investigation provided an investigative report which is attached at Exhibit C.  On 8 Sep 08, a copy of the investigative report was forwarded to the applicant for review and response within 30 days.  As of this date no response has been received by this office (Exhibit F).

On 25 Aug 08, a request for information pertaining to his post-service activities was forwarded to the applicant for response within 30 days (Exhibit D).  The applicant submitted a personal 
statement, a resume and character references in response (Exhibit E).

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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 an error or injustice.  Even though the applicant has provided no evidence to show that his discharge was improper or not in compliance with appropriate directives, it is the Board majority's opinion that approval of some relief is warranted in this case.  It appears likely to the Board majority that he has led a stable and productive life and it appears that there is no evidence that he has had any subsequent involvement of a derogatory nature since his separation from the Air Force.  In light of the above, the Board majority believes that it would be an injustice for him to continue to suffer the adverse effects of an undesirable discharge.  Therefore on the basis of clemency, the Board majority believes an upgrade of his discharge to general (under honorable conditions) is warranted.  Accordingly the Board majority recommends 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 12 June 1959, he was discharged with service characterized as under honorable conditions (general).
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The following members of the Board considered AFBCMR Docket Number BC-2008-02641 in Executive Session on 9 Oct 08, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

By majority vote, the Board recommended correcting the record. XXXXXXXXXXXXXXXXXX voted to deny the applicant's request but he does not desire to submit a Minority Report.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-02641 was considered:

   Exhibit A.	DD Form 149, dated 29 Jul 08, w/atchs.
   Exhibit B.	Available Master Personnel Records.
   Exhibit C.	FBI Investigative Report.
   Exhibit D.	Letter, SAF/MRBC dated 25 Aug 08, w/atch.
   Exhibit E.	Letter, Applicant, dated 4 Sep 08, w/atchs.
   Exhibit F.	Letter, SAF/MRBC, dated 9 Sep 08, w/atch.

							
							Panel Chair

AFBCMR BC-2008-02641

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 12 June 1959, he was discharged with service characterized as under honorable conditions (general).

					
					Director
					Air Force Review Boards Agency