RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-00054

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Under Other than Honorable Conditions (UOTHC) discharge be upgraded.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His discharge be upgraded based on clemency.

The applicant states that he will not insult the Board by offering any  sort
of excuse for his actions or conduct during his brief stay in the  military;
however, he does ask that the Board consider upgrading his  discharge  after
almost 40 years.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 26 January 1960,  at  the
age of 18, for a period of four years.  He  was  progressively  promoted  to
the grade of airman third class.

In a letter, dated 11 July 1960, the commander  notified  the  applicant  of
his intent to impose punishment under Article 15  of  the  Uniform  Code  of
Military  Justice  (UCMJ)  for  violating  Article  92.   Specifically,  for
failing to obey a directive issued  by  the  commander  that  all  personnel
departing the base after 2400 hours 1 July 1960 until 4 July 1960, would  be
in uniform and will wear the  uniform  while  off  base  unless  engaged  in
recreation requiring  other  clothing,  by  exiting  the  base  in  civilian
attire, on or about 3 July 1960, by climbing the fence in the  rear  of  the
Base Hobby Shop.  The applicant accepted the  punishment,  did  not  request
trial by court-martial, and did  not  submit  matters  in  mitigation.   The
commander imposed punishment consisting of reduction to the grade  of  basic
airman.

The applicant was tried by a summary  court-martial  on  30 April  1962  for
violating Article 134, of the UCMJ for breaking restriction  to  the  limits
of Cottonwood AFS, Idaho, on or about 28 April  1962.   The  applicant  pled
guilty  to  the  charge  and  was  sentenced  to  15  days  of  hard   labor
confinement.

The  applicant  was  discharged  under  the  provisions  of  AFR  39-17  for
unfitness.  His service was characterized  as  Under  Other  than  Honorable
Conditions (UOTHC).  He completed 2 years, 6 months, and 18 days  of  active
service, with 17 days of lost time (hospitalized for  5  days  and  confined
for 12 days).

Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Washington, D.C., provided an Investigative Report which is at Exhibit E.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
although there is a lack of documentation in the file  to  substantiate  his
discharge, the discharge order  and  DD  Form  214  support  the  discharge.
However, because of the lack of documentation to support the discharge,  the
applicant's young age, and the 40 years since  his  separation,  they  would
not object to an upgrade  to  general  (under  honorable  conditions)  if  a
search of the FBI records does not reveal any subsequent convictions.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

On  26  April  2002,  the  applicant  was  provided  a  copy  of   the   FBI
Investigative Report and advised to submit  documentary  evidence  regarding
his post-service activities.

The applicant states that since his discharge he has been  employed  in  the
oil  field  construction  business  constructing  transmission   lines   and
gathering systems for transporting petroleum  products.   In  1994,  he  was
pronounced unable to continue working his trade.  Since  that  time  he  has
been looking for something constructive to occupy his time.  As to  the  FBI
report, they gave him two different dates of birth, which  neither  one  are
correct and he questions the other matters as well.

In further support of the appeal, applicant submits  a  statement  from  his
local veterans employment representative.

The applicant’s complete response, with attachment, is at 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  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  the
applicant to continue to suffer  its  effects.  Accordingly,  we  find  that
upgrading the applicant’s discharge to general 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  30  August  1962,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-00054  in
Executive Session on 11 June 2002, under the provisions of AFI 36-2603:

                       Ms. Olga M. Crerar, Panel Chair
                       Mr. George Franklin, Member
                       Mr. Charles E. Williams, Jr., Member

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

      Exhibit A.  DD Form 149, dated 17 Jan 02, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 6 Feb 02.
      Exhibit D.  Letter, SAF/MRBR, dated 15 Feb 02.
      Exhibit E.  FBI Investigative Report.
      Exhibit F.  Letter, AFBCMR, dated 26 Apr 02, w/atchs.
      Exhibit G.  Letter, Applicant, undated, w/atch.




             OLGA M. CRERAR
                                  Panel Chair






AFBCMR 02-00054




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 August 1962, he was
discharged with service characterized as general (under honorable
conditions).




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency