RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00737
            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:

After he completed basic  training  he  was  assigned  to  radio  and  radar
school.  He could not learn this trade and was reassigned to the Air  Police
Squadron.  He had no schooling or training in this  field.   He  was  court-
martialed, sentenced to confinement and released.  Upon his release  he  was
reassigned to active duty.  Later on  his  commander  notified  him  he  was
being  processed  for  separation.   He  requested   transfer   to   another
department, but his request was denied.  This took place over 44 years ago.

In support of his  request,  applicant  provided  a  personal  statement,  a
letter from the National Personnel Records Center; a copy  of  his  DD  Form
293, Application for Review of Discharge of Dismissal from the Armed  Forces
of the United States; and, his DD Form  214,  Armed  Forces  of  the  United
States Report of Transfer  or  Discharge.   His  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted  in  the  Regular  Air  Force  on  16  Mar  56.   He  was
progressively promoted to the grade of airman third  class,  having  assumed
that grade effective and  with  a  date  of  rank  of  1  Sep  57.   He  was
discharged on 25 Jul 58 and provided an undesirable discharge.  He served  2
years, 2 months, and 26 days on active duty.

In response to the Board's request  the  Federal  Bureau  of  Investigations
(FBI) provided an investigative report  pertaining  to  the  applicant  (see
Exhibit F).

The remaining relevant facts pertaining to this application, extracted  from
the applicant's military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

Examiner's note:   The  applicant  was  provided  a  copy  of  the  Clemency
Information Bulletin and asked to provide documentation  pertaining  to  his
post-service  activities.   In  response,  he  provided  a  letter  that  is
appended at Exhibit E.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  reviewed  applicant's  request  and  recommends  denial.   DPPRS
states that he received Article 15 punishment  in  January  1957  for  being
disorderly in quarters and for concealing his identity from  the  Charge  of
Quarters; in February 1957 he  received  Article  15  punishment  for  being
disorderly in quarters, he was reduced to the grade of airman basic.   On  7
May 58, he was tried by a summary court-martial for sleeping  on  post.   He
was sentenced to 30 days confinement and fined $25.  On 9  Jun  58,  he  was
found sleeping on post again and was  tried  by  summary  court-martial  for
this offence.  He was sentenced  to  30  days  confinement  and  fined  $70.
During this period of service he was counseled numerous times  and  assigned
to various sections, but he continued to  be  a  marginal  producer  with  a
negative attitude, unacceptable performance,  and  unacceptable  appearance.
He did not provide any new evidence of identify and errors in his  discharge
processing.  Additionally, he provided no facts  warranting  an  upgrade  of
his discharge.

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that he is not denying the events  that  occurred  over  40
years ago, he is simply asking  if  his  discharge  can  be  upgraded.   His
complete submission 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.  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 our opinion that relief is warranted  in  this
case.  Since it has been over 44 years  since  his  discharge  and  over  25
years since the last entry on his FBI record, it appears likely that he  has
since led a stable and productive  life  and  we  believe  it  would  be  an
injustice  for  him  to  continue  to  suffer  the  adverse  effects  of  an
undesirable discharge.  Therefore on the basis of clemency,  we  believe  an
upgrade  of  his  discharge  to  general  (under  honorable  conditions)  is
warranted.  Accordingly, we recommend his 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 25 July  1958  he  was  discharged
with service characterized as general (under honorable conditions).

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-00737  in
Executive Session on 7 Aug 02, under the provisions of AFI 36-2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Mr. E. David Hoard, Member
      Mr. Clarence D. Long III, Member

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

     Exhibit A.  DD Form 149, dated 29 Mar 02, w/atchs .
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 18 Apr 02.
     Exhibit D.  Letter, SAF/MRBR, dated 10 May 02.
     Exhibit E.  Letter, Applicant, not dated.
     Exhibit F.  FBI Investigative Report




                             VAUGHN E. SCHLUNZ
                                             Panel Chair


AFBCMR 02-00737




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 25 July 1958 he was
discharged with service characterized as general (under honorable
conditions).







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency