AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  97-02478 

COUNSEL:  NONE 

HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT: 

His undesirable discharge be upgraded to honorable or general. 

APPLICANT CONTENDS THAT: 

He enlisted in the service at the age of 17.  He worked hard and 
enjoyed  his  service  time  until  approximately  1954. 
He  was 
transferred from shipping and  handling  to  an  office  j o b   he  was 
not qualified for and he began drinking.  If he had  it  over to 
do, he would handle it differently. 
In support of his request, the applicant submits a copy of his DD 
Form 214 and character reference letters  (Exhibit A). 

STATEMENT OF FACTS: 

Applicant's military  personnel  records reveals his  Total Active 
Federal Military Service Date  (TAFMSD) as 15 February 1952. 

On  11  October  1954,  applicant  was  notified  of  his  commander's 
intent to impose disciplinary punishment pursuant to Article  15, 
UCMJ, for failure to repair to his assigned place of duty, on or 
about 27 and 28  September 1954.  Applicant  acknowledged  receipt 
of the proposed action.  He did not demand trial by court-martial 
and did not submit any mitigating evidence.  On 15 October 1954, 
the applicant was reduced to the grade of airman third class and 
reprimanded.  Applicant did not appeal the punishment. 
On  30  October  1954,  applicant  was  tried  before  a  summary 
court-martial. 
He  pled  guilty  to  making  a  false  official 
statement to an OS1 agent, on or about 20 September 1954.  He was 
found  guilty  and  sentenced  to  restriction  for  30  days  and 
forfeiture of  $50  of  his  pay.  The  sentence  was  approved  and 
ordered executed by the convening authority on 30 October 1954. 

On  24  March  1955,  applicant  was  tried  before  a  summary 
court-martial.  He  was  charged  with  violation  of  Article  86, 
UCMJ,  Specifications  1  through  4  for  being  AWOL  (total of  12 
days).  He  pled  not  guilty to  specification 3; however,  he  was 

found guilty of all specifications,  Applicant  was  sentenced to 
confinement at  hard  labor  for  30 days  and  forfeiture of  $60 of 
his pay.  The sentence was approved and ordered executed by  the 
convening authority on 24 March 1955. 

On  22  April  1955,  applicant  was  tried  before  a  summary 
court-martial.  He was  charged with being AWOL  (2 days), on  or 
about 19 April 1955 until on or about 21 April 1955.  He pled not 
guilty; however, he was found guilty.  Applicant was sentenced to 
confinement at hard labor for 30 days and forfeiture of $65.  The 
sentence  was  approved  and  ordered  executed  by  the  convening 
authority on 26 April 1955. 

On  23 March  1955, the group commander recommended the applicant 
for discharge under the provisions of AFR  39-17.  The commander 
provided  the  following  reason  for  this  discharge  action:  The 
applicant  indicated  by  his  continued  tendency  of  causing 
disturbances and generally bringing discredit upon the uniform of 
the  USAF,  that  he  had  no  desire  to  adhere  to  the  standards of 
conduct  necessary  for  satisfactory military  service.  Applicant 
committed  breaches  of  discipline  repeatedly,  despite  numerous 
reprimands  and  warnings.  He  had  exhibited  a  behavior  pattern 
such as to make his separation from the Air  Force mandatory  for 
both the good of the service and himself.  On 23 March  1955, the 
applicant  acknowledged  that  his  commander  had  initiated 
involuntary discharge action against him  for unfitness  and  that 
he was entitled to an impartial hearing by  a Board of Officers. 
Legal counsel was made available to him and he voluntarily signed 
On  2  May  1955,  the  discharge 
an  application  for  discharge. 
authority accepted applicant's  discharge application and directed 
that he be furnished an undesirable discharge certificate. 

On  25 May  1955,  applicant  received an  undesirable  discharge  in 
the grade of airman basic  (permanent), with the date of rank of 
24 March  1955.  He had completed a total of 3 years 1 month and 
14 days of active duty service at the time of discharge.  He had 
a total of 57 days of lost time. 

Applicant's request for a change to his discharge was denied by 
the Air  Force Discharge Review Board  (AFDRB) on  12 August  1955. 
A copy of the AFDRB Hearing Record is appended at Exhibit C.  The 
applicant's  request  for  reconsideration  of  his  appeal  was 
considered and denied on 7 December 1955 and 7 March 1956. 

Pursuant  to  the  Board's  request,  the  Federal  Bureau  of 
Investigation, Clarksburg, WV,  provided  an  investigative report 
which is attached at Exhibit D. 

AIR FORCE EVALUATION: 

~ 

~~ 

The Separations Branch, HQ AFPC/DPPRS, stated that the applicant 
has not filed a timely request.  DPPRS indicated that applicant's 
five AWOLs  totaled  14 days and  the two  confinements totaled  43 

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97-02478 

days.  DPPRS stated that the discharge was  consistent with  the 
procedural  and  substantive  requirements  of  the  discharge 
requlation  and  was  within  the  discretion  of  the  discharge 
authority.  The  applicant was  provided  full  administrative  due 
process.  DPPRS stated that the records indicate the applicant’s 
military  service was  reviewed and appropriate action was  taken. 
A complete copy of this evaluation is appended at Exhibit E. 

APPLICANT’S REVIEW OF AIR FORCE EVALUATION: 

Pursuant  to  the  Board‘s  request  for  additional  post-service 
evidence, the applicant provided  a  statement indicating that  he 
is a good civilian, he does not drink nor does he do drugs.  He 
provided a listing of his previous employers.  He is a “class A 
carpenter.”  He  indicated that  during his military  career, his 
morale  dropped  very  low  and  things  seemed  to  change. 
He 
apologizes  for  his  actions  and  requests  that  his  discharge  be 
upgraded  (Exhibit G) . 

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. 
Although  the  evidence presented  does  not  substantiate that  the 
applicant‘s discharge was improper or contrary to the provisions 
of  the  governing  regulation  under  which  it  was  effected,  a 
majority of the Board is persuaded that some relief is warranted 
in  this  case  on  the  basis  of  clemency. 
After  careful 
consideration of all the  facts and circumstances of  applicant’s 
case,  a  majority  of  the  Board  is persuaded  that  applicant  has 
overcome  the  behavioral  traits  which  led  to  the  contested 
discharge and has been a productive member of society since 1956. 
We  recognize  the  adverse  impact  of  the  discharge  applicant 
received; and, while it may have been appropriate at the time, a 
majority  of  the  Board  believes  it  would  be  an  injustice  for 
applicant  to  continue  to  suffer  its  effects. 
Therefore,  a 
majority of the Board recommends his discharge be upgraded to one 
under  honorable  conditions  (general). 
After  reviewing  the 
overall  record,  we  do  not  believe  that  a  further  upgrade  is 
warranted. 

THE BOARD RECOMMENDS THAT: 
The pertinent military records of the Department 
relating to APPLICANT be corrected to show that 

of the Air Force 
on 25 May  1955, 

3 

97- 02478 

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  1998,  under  the  provisions  of  A F I  
36-2603: 

Mr. LeRoy T. Baseman, Panel Chair 
Mr. Steven A. Shaw, Member 
Mr. Parker C. Horner, Member 

By a majority vote, Messrs. Baseman and Horner voted to grant the 
applicant's  request.  Mr.  Shaw  voted  to  deny  the  applicant's 
request  and  submitted  a  minority  report. 
The  following 
documentary evidence was considered: 

Exhibit 
Exhibit 
Exhibit 
Exhibit 
Exhibit 
Exhibit 
Exhibit 
Exhibit 

DD Form 149, dated 5 Jun 97, w/atchs. 
A .  
B.  Applicant's Master Personnel Records. 
C.  AFDRB Hearing Record, dated 12 Aug 55. 
D.  FBI Identification Record, PCN 980127104416. 
E.  Letter, HQ AFPC/DPPRS, dated 25 Sep 97. 
F.  Letter, SAF/MIBR, dated 13 Oct 97. 
G.  Letter from applicant, dated 18 Jan 98. 
H.  Minority Report. 

LEROY T. BASEMAN 
Panel Chair 

4 

97-02478 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 97-02478 

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: 

ment of the Air Force relating to 
corrected to show that on 25 May 
(under honorable conditions). 

Director 
Air Force Review Boards Agency 

U