RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-00936
            INDEX NUMBER:106.00

            COUNSEL:  NONE

            HEARING DESIRED: YES


___________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He made one civil  mistake  with  no  chance  to  rectify  it.   He
contends he was a good airman who volunteered to  serve  in  Korea,
received a citation for outstanding performance in the line of duty
and has had an outstanding civilian record for the last  45  years,
raising over 1 million dollars  for  various  charities,  primarily
children, a great humanitarian.  He indicates he is in good  health
and would rather complete his military duties  and  serve  out  his
enlistment rather than having his discharge changed on paper.

In support  of  his  appeal,  applicant  submitted  a  commendation
letter, a letter of recommendation, and a personal statement.

Applicant’s complete submission is attached at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 27 July 1953, the applicant enlisted in the Regular Air Force in
the grade of airman basic.  Prior to the events cited below, he was
promoted to the grade of airman second class  (E-3).   He  received
three performance ratings for the periods 27 Jul  53  –  1 Nov  53,
2 Nov 53 – 3 Jan 54, and 4 Jan 54 – 1 Jan 55,  with  character  and
efficiency ratings of excellent.

On 20 June 1955, applicant was convicted by  Summary  Court-Martial
for, having been duly restricted to the limits of the base, did  on
or about 17 June 1955 break said restriction.  He was sentenced  to
reduction in grade to  airman  third  class  (E-2),  forfeiture  of
$40.00, and 40 days of restriction to the limits of the base.

On 9 November 1955, applicant personally appeared  in  civil  court
with his attorney and entered a plea  of  guilty  to  a  charge  of
larceny of a motor vehicle.   Accepting  the  applicant’s  plea  of
guilty, the judge sentenced him to serve a term of two years in the
Missouri State Penitentiary.   According  to  information  received
from the prosecuting attorney, the applicant  was  not  adjudged  a
wayward minor, youthful offender, or juvenile  delinquent  in  this
case.

On 16  January  1956,  applicant’s  commander  requested  discharge
action be taken against applicant under the provisions of AFR 39-22
for civil court conviction.

On 31 January 1956, he  was  discharged  under  the  provisions  of
AFR 39-22 by reason  of  conviction  in  a  civil  court,  with  an
undesirable discharge.  He was credited with 2 years, 3 months, and
22 days active service (includes 72 days of lost time).

Other facts surrounding  his  discharge  from  the  Air  Force  are
unknown inasmuch as the complete discharge  correspondence  is  not
available.

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, West Virginia, provided an investigative
report which is attached at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

The Separations Branch, HQ AFPC/DPPRS, reviewed the application and
states that they believe the  discharge  was  consistent  with  the
procedural  and   substantive   requirements   of   the   discharge
regulation.  Additionally,  the  discharge  was  within  the  sound
discretion of the discharge authority.  They state if the applicant
had been court-martialed for  the  same  offense,  the  Manual  for
Courts-Martial indicates that for larceny for more  than  $100,  he
could  have  received  a  dishonorable   discharge   and   military
confinement for five years.  The applicant’s civil conviction as an
adult for larceny of a motor vehicle  warranted  the  character  of
service he was given.

They also state that the applicant did not submit any new  evidence
or identify any errors or injustices that occurred in the discharge
processing.   Additionally,  the  applicant   provided   no   facts
warranting an upgrade of the discharge he  received.   Accordingly,
they recommended his records remain the same  and  his  request  be
denied.

A complete copy of the evaluation is attached at Exhibit D.

___________________________________________________________________




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the evaluation by letter, undated, restating
his original request and contentions.   He  indicated  that  he  is
willing to do community service.  His father was a coal  miner  and
could not afford to help in his defense.  He also stated  that  his
plea was politically arranged for him to plead guilty and be put on
probation; he was put on probation for 2 years, and did  not  serve
two years in a state prison.  He further indicates that he was  put
in the stolen car when he was drinking and that he did not drive or
wreck the vehicle.  He believes that if he had gone to  trial  that
they would have found him not guilty.

He feels the only thing missing from the Air Force  rules  at  that
time was an Alcoholic Rehabilitation  Program.   He  wasn’t  a  bad
airman and never hurt the military or his country, he had too  many
beers that night and got into a situation that he would never  have
done had he been sober.  He is willing to come to Maryland or Texas
to testify on his own behalf.  He is a catholic and deeply believes
in God, and would like a second chance.

The complete response is at Exhibit F.

Applicant also responded to the FBI report, by letter dated  5  Sep
00, stating that his professional  name  is  XXXXXXX  and  that  we
should check under that name.  Applicant submitted a brief  summary
of his military history (including the events surrounding his civil
court conviction), civilian work  record,  community  projects  and
more letters of references and recommendations.

Applicant’s complete response is at Exhibit H.

___________________________________________________________________

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  regarding   the
applicant’s request to have his discharge  upgraded  to  honorable.
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.  Nevertheless, in view of the applicant’s  transition
to civilian life, as evidenced by the post-service documentation he
has provided, we are of the opinion that upgrading his discharge to
honorable should be granted.  Therefore, as a matter  of  clemency,
we recommend the records be corrected as indicated below.
___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to  show  that  on  31  January
1956, he  was  honorably  discharged  and  furnished  an  Honorable
Discharge Certificate.

___________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 5 October 2000, under the provisions of AFI 36-
2603:

      Mr. Gregory H. Petkoff, Panel Chair
      Mr. Steven A. Shaw, Member
      Mr. George Franklin, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 16 Apr 00, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report of Investigation.
     Exhibit D.  Letter, HQ AFPC/DPPRS, dated 18 May 00
     Exhibit E.  Letter, SAF/MIBR, dated 09 Jun 00.
     Exhibit F.  Letter, Applicant, undated.
     Exhibit G.  Letter, AFBCMR, dated 23 Aug 00.
     Exhibit H.  Letter, Applicant, dated 5 Sep 00, w/atchs.




                                   GREGORY H. PETKOFF
                                   Panel Chair



AFBCMR 00-00936




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 APPLICANT be corrected to show  that  on  31 January
1956, he  was  honorably  discharged  and  furnished  an  Honorable
Discharge Certificate.




            JOE G. LINEBERGER

            Director

            Air Force Review Boards Agency