RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02298
            INDEX NUMBER:  110.02


            COUNSEL:  NONE


            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The two court-martials he received  were  for  being  Absent  Without  Leave
(AWOL).  The applicant states that he was young and probably  acted  without
thinking; however, the civil court conviction was for a crime  that  he  did
not commit, nor was he a participant.  He found out about it the  very  next
day  when  he  was  confronted  by  the  local  authorities  at  the   base.
Additionally, he says that the Air  Force  legal  counsel  did  not  try  to
defend him, or plead his innocence, and his recommendation was the cause  of
him getting sentenced to one (1) year of hard labor.

In support of his appeal, the  applicant  submitted  a  personal  statement,
letters of recommendation from the  local  mayor,  a  friend  and  a  former
employment director, and a copy of his DD Form  214,  Report  of  Separation
from the Armed Forces of the United States.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 24 October 1950, applicant enlisted in the Regular Air Force.   Prior  to
the events under review he was promoted to the grade of airman  third  class
(A/3C).  Applicant’s grade at time of discharge was airman basic (AB).

On or about 15 May 1953, applicant was convicted by a summary  court-martial
for making a false official statement.  He  was  reduced  to  the  grade  of
Basic Airman and sentenced to confinement at hard labor (CHL)  for  30  days
and forfeiture of $45.00.

On or about 27 July 1953,  applicant  was  convicted  by  a  summary  court-
martial for being AWOL on or about 3 July 1953  to       18 July  1953.   He
was sentenced to CHL for 30 days and forfeiture of $30.00.

On 30 October 1953, the applicant was convicted of assault  with  intent  to
rob by the Dougherty Superior Court, Dougherty County, GA, and sentenced  to
12 months imprisonment.

On 28 November 1953, he was discharged under the provisions of AFR 39-22  by
reason of conviction by civil court, with an undesirable discharge.  He  was
credited with 2 years, 8 months, and 28 days active  service  (excludes  152
days of lost time).

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
the applicant was court-martialed because he pled guilty in  a  civil  court
and was sentenced to one-year civil confinement for assault with  intent  to
rob.  They  also  state  the  discharge  authority  reviewed  the  case  and
approved the recommendation for discharge and directed that he be  given  an
undesirable discharge.  The discharge was  consistent  with  the  procedural
and substantive requirements of the discharge regulation at the time of  his
discharge.

They further state the applicant’s character of service given  in  his  case
was appropriate according to the discharge regulations,  and  the  applicant
did not submit any new  evidence,  identify  any  errors  in  the  discharge
process, nor provide any facts  to  warrant  an  upgrade  of  the  discharge
characterization.  Accordingly, they recommend that the applicant’s  records
remain unchanged and his request be denied.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the FBI report by  letter,  undated,  to  further
explain the events which led to his entry into the service, items listed  on
his report  and  accomplishments  since  his  discharge  from  active  duty.
Additionally, he submitted letters from his son and a friend (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.  We have reviewed the circumstances  surrounding  applicant’s  separation
from the Air Force and believe that the action taken was in accordance  with
the applicable regulation.  Therefore, the only other basis  upon  which  to
consider his request for an upgrade of  his  discharge  would  be  based  on
clemency.  After reviewing the documentation submitted by the applicant  and
noting his explanation concerning certain charges  on  his  FBI  report,  we
believe that his discharge should be upgraded to  general,  under  honorable
conditions.   His  request  for  an  honorable  discharge  was   considered;
however, based on his overall record of service, we do not  believe  that  a
further upgrade is warranted.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 28  Nov  1953  he  was  discharged
with service characterized as general (under honorable conditions).

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 13 February 2001, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Vice Chair
                       Ms. Carolyn J. Watkins, Member
                       Mr. E. David Hoard, Member

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

     Exhibit A.  DD Form 149, dated 21 Aug 00, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report of Investigation
     Exhibit D.  Letter, HQ AFPC/DPPRS, dated 5 Sep 00.
     Exhibit E.  Letter, SAF/MIBR, dated 22 Sep 00.
     Exhibit F.  Letter, AFBCMR, dated 20 Dec 00.
     Exhibit G.  Applicant’s Response, w/atchs.




                                  THOMAS S. MARKIEWICZ
                                  Vice Chair


AFBCMR 00-02298




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 28 Nov 1953 he was
discharged with service characterized as general (under honorable
conditions).





JOE G. LINEBERGER


Director



Air Force Review Boards Agency