RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-02024
      INDEX CODE:  A79.00

                       COUNSEL:  NONE

                       HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He became involved in several illegal activities while serving  in  the  Air
Force.  This  included  the  sale  and  abuse  of  illicit  drugs.   He  was
eventually court-martialed and given an undesirable discharge.

He has become a productive member of society.  He has  maintained  25  years
of abstinence from chemical dependency; has maintained a clean  record;  and
is a certified counselor for the State of New York.

In support of his appeal, the applicant provided a copy of his DD Form  293,
Application for the Review of Discharge or Dismissal from the  Armed  Forces
and a copy of his resume, which includes his work and treatment  experience.


Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member who  was  discharged  with  an  undesirable
discharge  on  21  February  1956,  under  the   provisions   of   AFR 39-17
(Unfitness).  He had served 1 year and 26 days on active duty.

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

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

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended that the discharge be upgraded to general  on  the
basis of clemency, if a  check  of  the  FBI  files  proves  negative.   The
complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant stated he would respond to the evaluation once the FBI  report
was received (Exhibit F).  The applicant was provided  a  copy  of  the  FBI
report and was asked to provide information  pertaining  to  his  activities
since leaving the Air Force (Exhibit G, with attachment).   The  applicant’s
responses, with attachments, are at Exhibits H-1 through H-3.

_________________________________________________________________

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.  The Board finds no error or injustice in  the  characterization  of  the
applicant’s  discharge.   It  appears  that  responsible  officials  applied
appropriate standards in effecting the applicant’s  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.  We conclude, therefore, that the  discharge  proceedings
were proper and characterization of the discharge  was  appropriate  to  the
existing circumstances.  Nevertheless, while the Board does not condone  the
behavior that led to the applicant’s discharge, we note that he has  had  to
live with its adverse effects for over 45 years and we believe it  would  be
an injustice for him to continue to suffer from its effects.  Therefore,  we
find that an upgrade of the characterization of his  discharge  to  general,
under honorable conditions, is warranted on  the  basis  of  clemency.   His
request  for  an  honorable  discharge  was  considered  in  light  of   his
accomplishments since leaving the service; however, in view of  his  overall
record of service, we do not believe that an upgrade  of  his  discharge  to
fully honorable is warranted.

4.  The documentation provided with this case was  sufficient  to  give  the
Board  a  clear  understanding  of  the  issues  involved  and  a   personal
appearance, with or without counsel, would  not  have  materially  added  to
that understanding.  Therefore, the request for a hearing is  not  favorably
considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected  to  show  that  on  21  February  1956,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 6 December 2001, under the provisions of AFI 36-2603:

                 Mr. John L. Robuck, Panel Chair
                 Mr. Laurence M. Groner, Member
                 Mr. Philip Sheuerman, Member

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

  Exhibit A.  DD Form 149, dated10 Aug 01, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  FBI Report.
  Exhibit D.  Letter, AFPC/DPPRS, dated 10 Sep 01.
  Exhibit E.  Letter, SAF/MIBR, dated 21 Sep 01.
  Exhibit F.  Letter, Applicant, dated 28 Sep 01.
  Exhibit G.  Letter, AFBCMR, dated 11 Oct 01, w/atchs.
  Exhibit H.  Letters, Applicant, dated 7 and 10 Nov 01, w/atchs.




                                   JOHN L. ROBUCK
                                   Panel Chair






AFBCMR 01-02024




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 21 February 1956, he was
discharged with service characterized as general (under honorable
conditions).







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency