RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00613
            INDEX CODE 110.00
            COUNSEL:  BURRELL D. JOHNSTON

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded to a general discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Although 42 years have passed, he still to this day regrets  the  fact
that he received a bad  conduct  discharge  from  the  Air  Force  for
fighting when he was 18 years old.  He blames no one but him self  for
getting into fights when  he  was  in  England.   Two  summary  courts
martial should have taught him a lesson.  To  be  engaged  in  another
fistfight and go before a special court martial was  reprehensible  on
his part.  His parents raised him better. He knew better and  age  was
not  an  excuse.   After  being  discharged  in  1959,  except  for  a
conviction in 1961 for driving while intoxicated  where  he  spent  10
hours in jail, he has  not  consumed  any  alcohol  nor  has  he  been
convicted of any criminal offense in the last 40 years.  If the  board
should be inclined to change the records to a  general  discharge,  he
would be most grateful.  As the records  stand  now,  it  is  not  the
proper legacy he wishes to leave his family.

In addition, the bad conduct  discharge  was  removed  as  a  category
during the 1960’s.  The three events in attachments A, B.  C.  and  D,
were  actually  the  same  and  the  special  court  martial  was   an
enhancement based on events 1 and 2 attachment A.

In support of his appeal, he submits a personal statement, a  copy  of
his court martial conviction,  and  letters  from  his  attorney,  the
Mississippi Commissioner of Insurance, Chairman-Arrow Trucks, Inc  and
a good friend.  Applicant’s complete submission, with attachments,  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973.
 Therefore, the facts surrounding his service cannot be verified.

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

_________________________________________________________________

APPLICANT'S REVIEW OF FBI REPORT:

The applicant reviewed the FBI Report and requested that his  original
DD Form 149 be amended to read that he was arrested in 1961 for DUI.

Applicant's complete response is at Exhibit E.

_________________________________________________________________

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 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 applicant to continue to suffer its effects.  Accordingly, we find
that corrective action

is appropriate as a matter of equity and on  the  basis  of  clemency.
Therefore, we  recommend  his  discharge  be  upgraded  to  one  under
honorable conditions (General).

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 10 November  1959,
he  was  discharged  with  service  characterized  as  general  (under
honorable conditions).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 1 August 2002, under the provisions  of  AFI  36-
2603:

                 Mr. John L. Robuck, Panel Chair
                 Mr. Albert F. Lowas, Jr., Member
                 Mr. William H. Anderson, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 6 Jan 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit D. Letter, SAF/MIBR, dated 2 Jul 02.





      JOHN L. ROBUCK
      Panel Chair


AFBCMR 02-00613



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, it is directed that:

      The pertinent military records of  the  Department  of  the  Air
Force relating to      , be corrected to  show  that  on  11  November
1959, he was discharged with service characterized as  general  (under
honorable conditions).






                 JOE G. LINEBERGER
                 Director
                 Air Force Review Boards Agency