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AF | BCMR | CY2002 | 0200689
Original file (0200689.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00689
            INDEX NUMBER:  106.00

      XXXXXXXXXXXXX    COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded
to honorable.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He was only 19 years old when he was discharged from the Air Force.  He
has been a good citizen and worker since his discharge and  has  led  a
productive life.  Applicant provides several letters of support.

The applicant’s complete submission, with attachments, is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 30 Apr 55.  On  5
March 1957, the applicant’s  squadron  commander  recommended  that  he
appear before a Board  of  officers  to  determine  his  unfitness  for
further retention in the military service.  The reasons for the  action
were as follows:

         A.  21  February  1956.  Counseled  concerning  his   military
appearance and behavior.

         B.  9   April   1956.  Counseled   regarding   a   letter   of
indebtedness.

        C.  21  June  1956.  Received  an  Article  15  for  disorderly
conduct.

         D.  5  July  1956.  Received  an  Article  15  for  disorderly
conduct.

        E.  7 July 1956.  Given a delinquent report by the  Air  Police
for disorderly conduct.

        F.  1 August 1956.  Counseled for causing a disturbance in  the
barracks.

        G.  22 August 1956.  Counseled for a letter of indebtedness.

        H.  11 September 1956.  Counseled for a letter of indebtedness.

        I.  20 September 1956.  Counseled for failure to report to  his
place of duty.

        J.  1 October 1956.  Apprehended by civilian police for causing
a disturbance at his in-law’s house.

        K.  2 October 1956.  Counseled for disorderly conduct.

        L.  15 October 1956.  Counseled for failure to report for  duty
on time.

        M.  18 October 1956.  Counseled for failure to report for  duty
on time.

        N.  23 October 1956.  Counseled for a letter of indebtedness.

        O.  8 November 1956.  Counseled for a letter of indebtedness.

        P.  30 November 1956.  Counseled for a letter of indebtedness.

        Q.  3 December 1956.  Counseled for a letter of indebtedness.

        R.  18 January through 7 February 1957.  Absent Without  Leave.
Given an Article 15.

        S.  1 March 1956.  Given a delinquent report by the Air  Police
for drunk and disorderly conduct.

On 5  March  1957,  the  applicant  acknowledged  notification  of  the
commander’s recommendation.  He waived his entitlement to appear before
the board and requested discharge without benefit of board proceedings.
 On 9 March 1957, the  Group  Commander  recommended  approval  of  the
applicant’s discharge to the Wing commander.  On  20  March  1957,  the
Wing Commander recommended approval of the applicant’s  discharge.   On
27 March 1957, the Ninth Air Force Commander approved  the  applicant’s
discharge.  The applicant was discharged on 3 April 1957 with an  UOTHC
discharge.

Pursuant to the Board’s request, the Federal  Bureau  of  Investigation
(FBI), Clarksburg, WV, was unable to identify the applicant with arrest
record on basis of information furnished.

_______________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial of the applicant’s request.   Based  on
the  documentation  in  the  file,  they  believe  the  discharge   was
consistent with the procedural  and  substantive  requirements  of  the
discharge regulation.  The applicant did not submit any new evidence or
identify any errors  or  injustices  that  incurred  in  the  discharge
processing.  Additionally, he provided no factors warranting an upgrade
of his discharge.

The complete evaluation is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  5
April 2002 for review and comment within 30 days.  To date, a  response
has not been received.

_______________________________________________________________

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  a
basis for a measure of relief.  We find that the applicant’s  discharge
was appropriate at the time of his separation.  However, we  note  that
he was relatively young when he committed the infractions that  led  to
his unfavorable discharge and that in the more  than  forty-five  years
since he left service, he has led a productive life and contributed  to
his community.  While we do not believe that the circumstances  of  the
applicant’s discharge warrant an upgrade to honorable,  we  do  believe
that an upgrade to under honorable conditions (general) is appropriate.
 Therefore, we recommend that the applicant’s records be  corrected  as
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      3 April  1957,
he  was  discharged  with  service  characterized  as  general   (under
honorable conditions).

_______________________________________________________________

The following members of the Board considered Docket Number 02-00689 in
Executive Session on 5 June 2002, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. John B. Hennessey, Member
      Mr. Michael Maglio, Member

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

     Exhibit A.  DD Form 149, dated 5 Mar 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPRS, dated 21 Mar 02.
     Exhibit D.  Letter, SAF/MIBR, dated 5 Apr 02.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

AFBCMR 02-00689


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 XXXXXXXX, XXX-XX-XXXX, be corrected to show that
on 3 April 1957, he was discharged with service characterized as
general (under honorable conditions).






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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