RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01436
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her husband’s under other than honorable conditions  discharge  be  upgraded
to honorable so  that  she  may  bury  him  with  other  family  members  at
Jefferson Barracks National Cemetery.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Her husband is terminally ill with brain cancer.  For the last 22  years  he
has been a shining example for his children and an asset to his  profession.
 He was  guilty  of  immature  and  irresponsible  behavior  in  his  youth,
however, he has redeemed himself a hundred times over.

In support of her request, applicant provided a letter  from  her  husband’s
physician; her Power of Attorney;  and,  an  email  from  AFPC/DDPAMM.   Her
complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Former member enlisted in the Regular Air  Force  on  14  Sep  71.   He  was
progressively promoted to the grade of airman first  class,  having  assumed
that grade effective and with a date of rank of 1 Feb 71.

On 17 Jun 71, after consulting counsel, former member requested that  he  be
discharged for the good of the service under the provisions  of  AFM  39-12,
paragraph 2-78.  On 24 Jun 71, his squadron  section  commander  recommended
disapproval of his request.  The specific reason for his recommendation  was
that the former member was pending court-martial charges that  could  result
in punitive discharge action.  In a legal review of his  request,  the  wing
staff judge advocate found the case legally sufficient to support  discharge
with  issuance  of  an  Undesirable  Discharge  certificate.   However,   JA
recommended disapproval of  his  request.   On  23  Jul  71,  the  discharge
authority, denied his request.  On   4 Aug  71,  after  consulting  counsel,
former   member   submitted    additional    information    and    requested
reconsideration of his request.  In a legal review of his request, the  wing
staff judge advocate found that it would be in the best  interests  of  both
the Air Force and the  former  member  that  his  request  be  approved  and
recommended that he be furnished an undesirable  discharge.   On  2 Sep  71,
the discharge authority concurred with the recommendation;  accepted  former
member’s request; and, directed that  he  be  discharged  and  furnished  an
Undesirable Discharge certificate.  Former member was discharged on  14  Sep
71, after 1 year, 11 months, and 3 days of active military service.

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AIR FORCE EVALUATION:

The Assistant NCOIC, Separation  Procedures  Section,  AFPC/DPPRS,  reviewed
applicant’s request and states that considering the discharge was almost  30
years ago, the type of offenses committed, and  the  fact  that  the  member
received  a  psychiatrist’s  recommendation  that  he   should   have   been
administratively  separated,  clemency  is   recommended.    Under   today’s
environment,  he  would  have  been  administratively  separated   for   his
incompatible  personality.   If  a  check   of   the   Federal   Bureau   of
Investigation (FBI) files proves negative, DPPRS  recommends  the  discharge
be upgraded to general (under honorable conditions (see Exhibit C).

Examiner’s note:  Pursuant to the AFBCMR’s  request,  the  FBI  provided  an
investigative report pertaining to the applicant.  The  report  is  appended
at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27  Jul
01, for review and response within 30 days.  Applicant  indicated  that  she
does not wish to provide a response to the Air Force evaluation.

A copy of the FBI investigative report was forwarded to the applicant  on  7
Aug 01, for review and response within 30 days.  Applicant responded to  the
report and asked the Board to consider the fact  that  the  offenses  listed
are over 30 years  old.   She  reiterates  that  her  husband  has  set  the
standard of decency that their children will follow the rest of their  lives
and has had an indescribable effect on his coworkers over the last 25  years
(see 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable error  or  injustice  warranting  an  upgrade  to  the
characterization of the  former  member’s  discharge.   Notwithstanding  the
fact that the evidence provided  does  not  indicate  that  he  has  been  a
productive member of society during the entire period since  his  separation
from the Air Force, it has been over 27 years since the last  entry  on  his
FBI record.  In our opinion it would be an injustice for him to continue  to
suffer the adverse effects of  an  under  other  than  honorable  conditions
discharge.  Therefore, we agree with the opinion and recommendation  of  the
office of  primary  responsibility  and  recommend  that  his  discharge  be
upgraded to general (under honorable conditions).  Applicant’s  request  for
upgrade to honorable was considered; however, based on the  overall  record,
we do not believe that an honorable discharge  is  warranted.   Accordingly,
we recommend that his records be corrected to the extend indicated below.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to FORMER MEMBER be corrected to show that  on  14 September  1971,  he  was
discharged  with  service  characterized   an   general   (under   honorable
conditions).

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 16 Aug 01, under the provisions of AFI 36-2603:

      Mr. Jackson A. Hauslein, Panel Chair
      Mr. Roscoe Hinton, Jr., Member
      Mr. Lawrence R. Leehy, Member

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

     Exhibit A.  DD Form 149, dated 55 May 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 27 Jun 01.
     Exhibit D.  Letter, SAF/MIBR, dated 27 Jul 01.
     Exhibit E.  FBI Investigative Report, dated 1 Aug 01.
     Exhibit F.  Letter, Applicant, dated 7 Aug 01.





                                  JACKSON A. HAUSLEIN
                                  Panel Chair

AFBCMR 01-01436




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 14  September  1971,  he
was discharged  with  service  characterized  an  general  (under  honorable
conditions).









  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency