RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-003640
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  undesirable  discharge  be  upgraded  to   general   (under   honorable
conditions).
_________________________________________________________________

APPLICANT CONTENDS THAT:

While he was hospitalized  for  rheumatic  fever  at  Sampson  AFB,  NY  and
awaiting a medical discharge, he went home on a weekend  pass  and  did  not
return for 27 days.  While home he got a job to help his  family.   He  came
from a family of 12 children  with  no  money.  After  working  3  weeks  he
decided to get  his  discharge;  however,  he  was  offered  an  undesirable
discharge instead of a  medical  discharge.   He  accepted  the  undesirable
discharge so he could return home to work and help his family.

He had a very bad heart; however, he recently had  an  operation  and  feels
better than he has ever felt before.  He  is  doing  fine  receiving  Social
Security and food stamps.  However, he is unable to work and cannot  receive
medical care from the Veterans Administration (VA)  due  to  his  discharge.
An upgrade of his discharge would enable him to receive the care  he  cannot
afford on his own.

In support of his request, he submits  a  personal  statement,  a  statement
from the Lewis County Veterans  Service  Agency  detailing  the  applicant’s
request, a copy of his DD Form 293,  medical  statements  from  his  private
physician,  copies  of  military  documents  associated  with  his  Physical
Evaluation Board and a copy of his service record.

The applicant’s submissions, with attachments, are at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 15 February 1952, the applicant enlisted in the Regular Air Force at  the
age of 18 for a period of 4 years.   On  17  August  1955,  the  applicant’s
commander initiated a recommendation that  he  be  separated  from  the  Air
Force under  the  provisions  of  AFR  39-17  (Unfitness),  because  of  the
applicant’s repeated commission of civilian and military offenses since  his
assignment to the organization in March 1954.  (Records  pertaining  to  the
applicant’s prior assignment history and duty performance are not  available
in  his  military  personnel  records).   Having  been   notified   of   his
commander’s intent to initiate discharge  proceedings  against  him,  on  19
August  1955,  the  applicant  acknowledged   his   understanding   of   the
recommended action and the rights to which he was  entitled.   He  indicated
legal counsel had been made available to him.  He waived  his  rights  to  a
board hearing and requested discharge without benefit of a board hearing.

On  29  November  1955,  based  on  a  diagnosis  of  Rheumatic  valvulitis,
inactive, with  involvement  of  the  aortic  valve  manifested  by  a  high
pitched, hollow sound over the  aortic  area  replacing  the  aortic  second
sound, with increased pulse pressure, the applicant’s case was  referred  to
a Medical Board for consideration.  The board found that the  applicant  was
physically  unfit  for  further  military  duty  and  recommended  that  the
applicant be referred to a  Physical  Evaluation  Board  (PEB)  for  further
evaluation.  The PEB was held on the same date and,  after  considering  the
medical record, determined that the applicant  was  unfit  for  service  and
that the extent of the disability was permanent.  The  PEB  found  that  the
disability was not due to neglect, misconduct or unauthorized absence,  that
the disability was incurred while he was entitled to receive basic  pay  and
was the result of active or inactive duty training, and that  the  condition
was disabling and ratable at 10  percent.   The  PEB  recommended  that  the
applicant be discharged because of disability with  severance  pay.   On  21
December  1955,  the  Physical  Review  Council  (PRC)  concurred  with  the
findings and recommendations of the PEB.  On 3 January 1956,  the  Secretary
of the Air Force disapproved the recommendation  of  the  PRC  and  directed
that the applicant’s case be  returned  to  the  appropriate  commander  for
continuation of the action initiated against him  under  the  provisions  of
AFR 39-17.

On  27  March  1956,  the  discharge  authority  approved  the   recommended
separation  and  directed  that  the  applicant  be   discharged   with   an
undesirable discharge.  On 30 March 1956, the applicant  was  discharged  in
the grade of airman basic with an undesirable discharge.   He  was  credited
with 3 years, 11 months and 5  days,  of  which  1  year  and  2  days  were
overseas and/or Southeast Asia service.  Time lost was 135 days due to  AWOL
and confinement.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an investigative  report  pertaining  to  the  applicant,
which is at Exhibit F.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS  states  that  based
upon the documentation in the file, the discharge was  consistent  with  the
procedural and substantive requirements of the discharge regulation.   DPPRS
further state that the applicant  has  not  provided  any  new  evidence  or
identified  any  errors  or  injustices  that  occurred  in  the   discharge
processing.

The DPPRS evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 February 2002, a copy of the Air Force  evaluation  was  forwarded  to
the applicant for review and comment.  As of  this  date,  this  office  has
received no response (Exhibit D).

On  19 March  2002,  a  letter  was  forwarded  to  applicant  and   counsel
suggesting that the applicant consider providing evidence pertaining to  his
post-service activities.  On 29 March  2002,  counsel  requested  additional
time to respond (see Exhibit E).  As of this date, this office has  received
no response.

On 8 April 2002, a copy of the FBI report was  forwarded  to  the  applicant
for review and comment.  As of  this  date,  this  office  has  received  no
response (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 injustice.  Even though the applicant has provided no  evidence
to  show  that  his  discharge  was  improper  or  not  in  compliance  with
appropriate directives, it is the Board majority’s opinion that approval  of
some relief is warranted in this case.   The  documentation  in  his  record
clearly  establishes  that  the  applicant  was  suffering  from   Rheumatic
valvulitis at  the  time  of  his  discharge  and  that  his  condition  was
disabling and ratable at 10 percent by the Physical  Review  Council  (PRC).
However, the Secretary of the Air Force disapproved  the  recommendation  of
the PRC and determined that discharge action should continue.  In  light  of
the above, and since it has been over 45 years ago since his discharge,  the
Board majority believes that it would be an injustice for  him  to  continue
to suffer the adverse effects of an  undesirable  discharge.   Therefore  on
the basis of clemency, the Board majority feels an upgrade of his  discharge
to general (under honorable conditions) is  warranted  and  his  records  be
corrected to the extent 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 30 March 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 26 June 2002, under the provisions of AFI 36-2603:

      Mr. Philip Sheuerman, Panel Chair
      Mr. Jay H. Jordan, Member
      Mrs. Carolyn J. Watkins, Member

Mr. Sheuerman and Mrs. Watkins voted to correct the records as  recommended.
 Mr. Jordan voted to deny the applicant’s request and elected not to  submit
a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 December 2001 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 12 February 2002.
    Exhibit D.  Letter, SAF/MRBR, dated 22 February 2002.
      Exhibit E.  Letter, AFBCMR, dated 19 March 2002.
      Exhibit F.  Letter, AFBCMR, dated 8 April 2002, w/FBI report.





                                   PHILIP SHEUERMAN
                                   Panel Chair


AFBCMR 01-003640




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






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency