AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
JUL 0 7 1998
IN THE MATTER OF:
DOCKET NUMBER: 96-02225
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REOUESTS THAT:
His undesirable discharge be upgraded to general.
APPLICANT CONTENDS THAT:
He is not looking for any benefits. He is just trying to- leave a
clean slate for his children. He is 6 3 years old and does not
have much time left to make things right. The worst thing he did
in the Air Force was being absent without leave (AWOL). He has
become a productive citizen and would like for the Board to
consider his request.
In support of his appeal, the applicant provided two supportive
statements (Exhibit A).
Pursuant to the Board's request, the applicant's wife provided
additional documentation, which included her statement, several
supportive statements, and other post-service documentation
(Exhibit C) .
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 1 Mar 5 0 for a
period of four years.
Applicant's available military personnel records indicate that in
August 1950, the applicant was sent to Radio Mechanics School,
but failed the course due to excessive authorized absences.
Applicant was assigned to the 667th Aircraft Control and Warning
Squadron on 28 Oct 50, but was absent without leave (AWOL) until
15 Nov 50.
On 6 Dec 50, he was convicted by summary court-martial of being
AWOL from Hamilton AFB from 28 Oct 50 to 15 Nov 50. He was
ordered to forfeit $50.00 and restricted to the base for 30 days.
On 25 Jan 51, the applicant was convicted by summary court-
martial for sleeping on his post on 24 Jan 51. He was sentenced
to be confined for 30 days and to forfeit $30.00.
On 11 Apr 51, he was convicted by summary court-martial of
wrongfully using marijuana on 2 Mar 51. He was sentenced to be
' confined for 30 days (suspended) and to forfeit $50.00.
On 9 July 51, the applicant received squadron punishment for
failure to repair and being AWOL. He was restricted to the base
for two weeks.
On 7 Sep 51, he received squadron punishment for failure to obey
the order of a noncommissioned officer (NCO) . He received three
days of extra duty.
I
On 6 Nov 51, the applicant was convicted by summary court-martial
for being AWOL from his unit from 6 Oct 51 to 26 Oct 51. He was
sentenced to be confined for 30 days and to forfeit $50.00.
On 19 Nov 51, a board of officers convened under the provisions
of AFR 39-17.
The board recommended that the applicant be
discharged with an undesirable discharge. On 27 Nov 51, the
discharged authority approved separation without rehabilitation.
Applicant was discharged on 6 Dec 51 under the provisions of AFR
39-17 (Unfitness) with a undesirable discharge. He was credited
with 1 year, 9 months, and 6 days of active duty service. He had
105 days of lost time.
Pursuant to the Board's request, the Federal Bureau of
Investigation, Washington, D.C., provided an investigative report
which is attached at Exhibit D.
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 probable error or injustice. The
evidence of record reflects that the applicant was discharged for
unfitness. No evidence has been presented which would lead us to
believe his discharge was improper or contrary to the directive
under which it was effected.
However, we noted that the
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AFBCMR 96-02225
applicant was discharged in 1951. In view of the passage of time
and the post-service documentation provided by the applicant, we
believe the continued stigma of an undesirable discharge is
unduly harsh and no longer serves any useful purpose. Therefore,
we are of the opinion that upgrading the applicant's discharge to
general, based on clemency, would be appropriate in this case.
Accordingly, we recommend that the applicant's undesirable
discharge be upgraded to general.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that, on 6 Dec 51, he
was discharged with service characterized as general (under
honorable conditions).
The following members of the Board considered this application in
Executive Session on 15 May 98, under the provisions of AFI 36-
2603 :
Mr. LeRoy T. Baseman, Panel Chair
Mr. Steven A. Shaw, Member
Mr. Parker C. Horner, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, applicant's wife, undated.
Exhibit D. FBI report.
A
LEROY T. BASEMAN
Panel Chair
3
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AFBCMR 96-02225
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