RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-01970
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His dishonorable discharge be upgraded.


APPLICANT CONTENDS THAT:

He has paid for his mistake for 50 years and prays  for  forgiveness  and  a
clean discharge.

The applicant states that he went Absent Without Leave (AWOL)  in  1946  and
was picked-up in early 1950.  He was court-martialed and  sentenced  to  one
year confinement.  He served 9 months and was released with  a  dishonorable
discharge.  He is now 74 years old and is not seeking any benefits.

The applicant’s complete submission is attached at Exhibit A.


STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force.   Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, was requested to provide  an  Investigative  Report  on  the
applicant; however, on the basis of the data furnished they were  unable  to
locate an arrest record (Exhibit G).









AIR FORCE EVALUATION:

The Directorate of Personnel Program Management,  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.  The applicant did  not  submit  any  new  evidence  or
identify any errors or injustice that occurred in the discharge  processing.
  He  also  provides  no  facts  warranting  a  change  in   his   discharge
characterization or a change in the reason for discharge.   Therefore,  they
recommend the application be denied.

A complete copy of the Air Force evaluation is attached at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that  other  than
going AWOL, he has a clean service record.  He wore his uniform proudly  and
worked very  hard.   He  realizes  today  that  what  he  did  was  foolish.
However, at the  time,  he  was  very  disappointed  and  mad  that  he  was
reassigned from Walla Walla AFB, after being placed with the  responsibility
of being in charge of the quartermaster supply.  He notes that  he  did  not
go AWOL during a period of war and would never have done  so.   Furthermore,
prior to his discharge, he was accidentally shot in the foot  while  serving
as a military policeman and was subsequently reassigned.

The applicant states that he  now  knows  that  he  should  have  faced  his
problems and not run away.  However, at the time, no one wanted to help  him
or hear his side of the story.  Since his  discharge,  he  has  married  and
raised three children.  Two of whom have served in the Armed Forces.  He  is
trying to get his estate set for his children.  He is not seeking  benefits.
 As it currently stands, he is unable to vote.

In further support of the appeal, applicant submits  a  statement  from  his
former employer indicating  that  during  his  10-year  employment,  he  was
hardworking, trustworthy, and a dependable individual.

The applicant’s complete response, with attachment, is attached  at  Exhibit
F.


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.     We  find  no  impropriety  in  the  characterization  of  applicant’s
discharge.   It  appears  that  responsible  officials  applied  appropriate
standards in effecting  the  separation,  and  we  do  not  find  persuasive
evidence that pertinent regulations were violated or that applicant was  not
afforded all the  rights  to  which  entitled  at  the  time  of  discharge.
Considered alone, we conclude the  discharge  proceedings  were  proper  and
characterization  of  the  discharge  was  appropriate   to   the   existing
circumstances.

4.    Consideration of this Board, however, is not  limited  to  the  events
which precipitated the discharge.  We have  a  Congressional  mandate  which
permits consideration of other factors; e.g.,  applicant’s  background,  the
overall   quality   of   service,   and    post-service    activities    and
accomplishments.  Further, we may base our decision  on  matters  of  equity
and clemency rather than simply  on  whether  rules  and  regulations  which
existed at the time were followed.  This is  a  much  broader  consideration
than officials involved in the discharge were permitted,  and  our  decision
in no way discredits the validity of theirs.

5.    Under our broader mandate and after careful consideration of  all  the
facts  and  circumstances  of  applicant’s  case,  we  are  persuaded   that
applicant has overcome the behavioral traits  which  led  to  the  contested
discharge and has been a productive member of  society.   We  recognize  the
adverse impact of the discharge applicant received; and, while it  may  have
been appropriate at the time, we  believe  it  would  be  an  injustice  for
applicant to continue to suffer  its  effects.  Accordingly,  we  find  that
corrective action is appropriate as a matter of equity and on the  basis  of
clemency.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be  corrected  to  show  that  on  9  November  1950,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).


The following members of the Board considered this application in  Executive
Session on 26 October 2000, under the provisions of AFI 36-2603:

                  Mr. Henry Romo, Jr., Panel Chair
                  Mr. Laurence M. Groner, Member
                  Mr. John E. Pettit, Member



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

      Exhibit A.  DD Form 149, dated 1 Jul 00, w/atchs
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 10 Aug 00.
      Exhibit D.  Letter, SAF/MIBR, dated 1 Sep 00.
      Exhibit E.  Letter, AFBCMR, dated 11 Sep 00.
      Exhibit F.  Letter, Applicant, dated 17 Sep 00, w/atch.
      Exhibit G.  Investigative Report, FBI, dated 9 Sep 00.




             HENRY ROMO, JR.
                                  Panel Chair






AFBCMR 00-01970




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 *, be corrected to show that on 9 November 1950, he was
discharged with service characterized as general (under honorable
conditions).





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency